Rental Agreement - PMI Southwest Florida

PMI Southwest Florida Rental Agreement

Vacation Rental Agreement

This Vacation Rental Agreement (“Agreement” or “Rental Agreement”) is entered into by and between the rental guest, hereinafter referred to as “Guest or Primary Guest” and Greater Southwest Florida Properties, LLC dba PMI Southwest Florida hereinafter referred to as “PMI Southwest Florida” on the dated signed below or accepted electronically online by Guest, in regards to Guest’s transient occupancy of the rental property hereinafter referred to as “Property”

Thank you for booking one of our Sarasota vacation properties. We look forward to your stay here and assisting in any way that we can. This Agreement is intended to help you and others enjoy a safe and convenient stay.

Please email us at reservations@pmisarasota.com or call 941-254-3100 with any questions.

Property Address: _______________________________

Reservation Dates: _______________________________

Reservation Amount: $___________ (incl $_________ Tax)

Payment Terms: Due on Receipt

SUMMARY TERMS, POLICIES, AND CONDITIONS

A. Guest is designated as the Primary Guest and party responsible for (i) all communication with PMI Southwest Florida during Guest’s stay, (ii) all invitees or persons actions or behavior listed as occupying the Property or allowed access to the Property by Guest during Guest’s stay, and (iii) payment of all charges, fees, or amounts due pursuant to this Agreement, including, but not limited to Property damage by others during Guest’s stay. Guest, as the Primary Guest, is responsible to ensure all invitees and guests at the Property are familiar with all policies pertaining to this rental. Guest cannot assign this Agreement or Guest obligations under same.

B. Guest and all occupants and visitors to the Property will behave as though the Property is a home in which they live, with respect for the property, surroundings, and neighbors. Guest warrants that he/she is at least 25 years old and will be an occupant of the Property during the entire stay.

C. Guest understands the rental of vacation property is regulated by state and local agencies. This agreement template may be on file with such agencies and contains specific provisions to remain in compliance. Guest shall be responsible for any fees or penalties due to the state or local agencies that result from Guest failing to comply with related provisions in this lease.

D. This Property is limited by law, regulation, ordinance, and/or policy and Guest agrees to the Property specific restrictions and limits (all of which are listed herein or will be provided in booking confirmation), including but not limited to Property designated MAXIMUM (i) persons occupying the Property, persons visiting or at the Property during Guest’s stay, and (iii) Vehicles parking on-site (with all vehicle tag numbers provided) .

E. No Smoking or Vaping is allowed in or around the Property.

F. Pets are only allowed if (i) approved by PMI Southwest Florida in advance in writing, (ii) Guest and PMI Southwest Florida have signed a pet addendum, and (iii) Guest has paid PMI Southwest Florida a pet fee.

G. Guest agrees to follow PMI Southwest Florida instructions regarding trash, bedding, towels, and checkout.

H. This occupancy is a Transient Vacation Rental under Florida law and Guest agrees their only occupancy is deemed transient pursuant to FL Statute 82.045 (2017); there is no permanent or primary residency or other tenancy. Sub-letting and/or assignment by the Guest is prohibited.

I. Cancellation. Guest can cancel within 2 days of booking and receive a full refund, pursuant to the cancellation policy of the booking site where you made your reservation. After that period, you will be subject to cancellation provisions. We offer Travel Insurance as the best way to protect you from financial loss.

J. NO SIGNATURES ARE REQUIRED. This contract is binding and accepted upon initial payment by Guest to PMI Southwest Florida or any online travel or booking agent (such as Airbnb, or VRBO) for occupancy of Property.

VACATION RENTAL AGREEMENT TERMS & CONDITIONS

1. ARRIVAL INSTRUCTIONS:

Check-in: 4pm Check-out: 10am

A message with driving directions, Property Access Information, Wi-fi Passwords, and related information is sent to guests at least 24 hours prior to check-in via E-Mail and/or Text Message.

2. MAXIMUM OCCUPANTS (including minors and infants) and VEHICLES: You agree to abide by the Property’s MAXIMUM Guests and Vehicles at, occupying and/or visiting the Property at all times. You will provide us with Guest & Vehicle Information. Persons not listed or provided to PMI Southwest Florida prior to check-in are not allowed on Property. Vehicles may require ID documents to park onsite; if you are renting a vehicle that will be parked at the Property, please note Rental Car information and provide PMI Southwest Florida the rental vehicle information via email once known.

3. ONLINE TRAVEL AGENCY (OTA) RATES: BOOKINGS WITH OTA’s LIKE AIRBNB, HOMEAWAY, VRBO, BOOKING.COM, ETC. The charges and pricing listed herein may not agree with the amount guests are charged by and pay to the vacation rental OTA or wholesaler. In most situations, OTAs and wholesale distributors do not disclose the amounts they charge guests who use their services with PMI Southwest Florida. The rental cost and fees as stated herein are based on the amount PMI Southwest Florida is expected to receive from the OTA or wholesaler. The difference between the amount guests is charged by and paid to OTAs or wholesalers and the amount PMI Southwest Florida will receive (as stated herein) is equal to the OTA’s or wholesaler's guest service fees they charge to guests plus the host service fee they deduct from the proceeds paid to hosts or PMI Southwest Florida. Please be aware that in most cases OTAs or wholesalers retain 100% control of all funds collected from guests and do not pay PMI Southwest Florida until certain criteria are met such as passing of any 100% refund deadline or guest check-in date, whichever occurs first. The terms and conditions of the agreement between the OTA or wholesaler and the Guest prevail in the event of conflict with any of the terms and conditions as set forth in this Rental Agreement between PMI Southwest Florida and Guest. Guest acceptance of this Rental Agreement is not to be construed as a request or requirement for guests to pay any additional funds except as expressly provided for herein.

4. PAYMENTS & CHARGES: Any booking through an online travel agency (OTA) or wholesaler like Airbnb or VRBO is subject to the payment process with that OTA booking agency. For Direct booking with PMI Southwest Florida, these may apply:

i. Reservation Advance Deposit Payment. An advance deposit may be required for us to hold your reservation. Your booking transaction will clearly state the percentage of the total booking required. For bookings 30 days or more before check-in, the percentage usually ranges from 25% to 50% of the total booking cost including property rental rates, cleaning fees, Guest management/admin fee, OTA fees, and all taxes. Reservations made within 30-60 days of the rental period or reservation for periods that exceed 30 days may require payment in full at booking.

ii. Payment Methods. Credit cards accepted and may be subject to a processing fee. Other forms of payment may be accepted at the discretion of PMI Southwest Florida and/or the OTA; however, we require a valid authorized credit card on file to secure Guest’s obligations under this Agreement.

iii. Balance and Final Payment. Final payment of the unpaid total booking will be required 90 days prior to check-in to your vacation rental.

iv. Changes to a Booking. PMI Southwest Florida may charge an additional administrative fee for any change to a booking if made less after the advance deposit is paid and booking is confirmed in writing via email from PMI Southwest Florida. Acceptance of any change is subject to express approval by PMI Southwest Florida.

v. Non Payment. Non-payment, declined payments, or returned checks will result in cancellation of the reservation. Non-refundable charges, bank fees, and cancellation fee set forth in this Agreement will be charged against any refund that may be due.

5. CANCELLATIONS, CHANGES, AND REFUNDS.

Any booking through an online travel agency (OTA) or wholesaler like Airbnb or VRBO is subject to the cancellation policy listed with that OTA booking agency. For Direct Bookings with PMI Southwest Florida, the following policy applies:

1. PMI Southwest Florida Permitted Cancellation Periods:

a. 30 days or more prior to your check-in date for rental periods of 14 days or less

b. 90 days or more prior to your check-in date for rental periods of 15 days – 29 days

c. For stays that are for rental periods of more than 30 days, 50% of the deposit is non-refundable.

You may cancel your booking according to either a. OR b. above, given by written notice (email accepted with time-stamp) to PMI Southwest Florida. If the cancellation meets the criteria of either a. or b. the full amount of your reservation deposit will be refunded, less a $200 cancellation fee and any non-refundable charges including booking fees and management/admin fees.

2. All refunds, whether in whole or pro-rated, will be subject to the deduction of third party non-refundable charges.

For cancellations made after the Permitted Cancellation Periods above, Guest is responsible for the full amount of the total booking charges. Guest’s only recourse for refund after the Cancellation Period is a claim on a previously purchased vacation travel insurance policy. To protect against loss of your advance deposit or booking payment resulting from cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase Vacation Travel Protection Insurance.

PMI Southwest Florida Permitted Cancellation Periods:
1. 30 days or more prior to your check-in date for rental periods of 7 days or less
2. 60 days or more prior to your check-in date for rental periods of 8 days or more

All refunds, whether in whole or pro-rated, will be subject to the deduction of third party non-refundable charges.

Except as expressly provided in this Agreement, no refunds or compensation will be given and PMI Southwest Florida shall not be liable to Guest for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside PMI Southwest Florida control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages.

6. VACATION TRAVEL INSURANCE. We strongly recommend you purchase this valuable protection. PMI Southwest Florida has partnered with Safely and InSureStays to help safeguard your entire booking deposit and other pre-paid non-refundable payments related to planned travel. We strongly encourage you to purchase optional travel insurance.

i. Travel Insurance covers risks incidental to planned travel such as sickness, accidental injury, or death of you or a family member (or of a traveling companion), weather delays, natural disasters, unexpected changes in your employment, and many more specified reasons.

ii. In addition, for an additional charge, you can choose the optional Cancel For Any Reason (CFAR) benefit which pays up to 60% of pre-paid non-refundable charges should you cancel for any reason not covered by standard travel insurance.

iii. The standard travel insurance coverage costs 7% of your total reservation invoice amount; if you include the optional CFAR benefits, the coverage cost is 10.8% of your total reservation invoice amount. The premium charged for travel insurance is generally non-refundable after 10 days of coverage purchase.

As a covered traveler, should you have a medical issue or experience trip delay or interruption due to unforeseen developments, you may initiate your claim by calling (833) 610-0736. For more information and to purchase coverage, please visit https://pmisarasota.rentalguardian.com/ and https://pmisarasota.rentalguardian.com/programs

ACCIDENTAL RENTAL DAMAGE PROTECTION: Every reservation requires an accidental damage protection policy purchased through PMI Southwest Florida from Safely or similar agency (“Accidental Rental Damage Protection”) in addition to, or in lieu of payment of a refundable security deposit. PMI Southwest Florida will charge your booking the fee for Accidental Rental Damage Protection. This plan will cover PMI Southwest Florida and the Property owner for Guest unintentional covered damages to the rental unit interior during your stay. Amounts of coverage and cost vary and will be reflected on your booking.

YOUR RESPONSIBILITIES AS PROTECTED GUEST:

i. Promptly report any accidental damage to PMI Southwest Florida when they occur;

ii. Verify damages when requested to do so by our staff;

iii. Notify the police in case of loss by theft;

iv. Take reasonable actions to protect damaged property from sustaining further damage.

Terms of coverage. The Property Protection Program takes effect upon check-in or registration on the booked arrival date to a Covered Unit, and payment of the fee at booking, and shall terminate upon normal check-out time of the Covered Unit or the departure of Guest, whichever occurs first. This program does not cover intentional damage, damages resulting from the negligence of guests, or damages from non-compliance with the terms of this Agreement. Determination of actual damages will be at the sole discretion of PMI Southwest Florida or program underwriter. Accidental Rental Damage Protection is not a form of comprehensive insurance and there exist no 3rd party beneficiaries. PMI Southwest Florida does not guarantee full coverage for Guests.

All claims of accidental damage will be administered by PMI Southwest Florida, which has sole authority to reasonably determine the nature & extent of damages, necessary repairs, and eligibility for the waiver of liability described herein. PMI Southwest Florida is responsible for filing all program claims on behalf of Guest and the Guest may be notified in writing of any such claim. Guest verification may be required in certain cases. Guest understands that payment for claims under Accidental Rental Damage Protection will be paid by the insurance provider directly to PMI Southwest Florida on behalf of the Property owner. The amount paid for the Accidental Rental Damage Protection program includes any related insurance, technology-support, service, and claims adjudication costs, along with administrative fees charged by the PMI Southwest Florida for making this coverage available.

Guest is fully liable for all costs (replacement, repair, installation, etc.) of damages not covered by the Accidental Rental Damage Protection caused by all listed Guests and their invitees during the rental period. Guest agrees to provide a credit card as method of payment for damages not covered by the Accidental Rental Damage Protection. Any damage that exceeds maximum amount or is not covered will be charged to Guest’s method of payment on file.

7. ROLE OF PRIMARY GUEST: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is the Primary Guest and is referred to as Guest in this Agreement. All other persons involved with this vacation rental are the Guest's invitees, and all discussions regarding this Agreement, reservation, cancellation, policies, and damages will be discussed with the Guest, not the Guest's invitees. The Guest understands that PMI Southwest Florida only rents to responsible adults 25 years or older and you will be required to provide verification of age with a valid government issued photo ID. Guest shall be liable for all acts of family, guests, invitees, employees, or other persons granted access onto the property.

8. UPON ARRIVAL: Look around and survey the property. If there are concerns or issues with Property, please immediately contact PMI Southwest Florida at the number provided above or in your check-in communication. Leave a message if it is after office hours and we will make every effort to return your call as soon as possible. If we do not promptly return your call and it is an emergency, call the emergency phone number provided. No refunds or considerations are given unless we were notified of problems during your stay.

9. INCLUDED AND EXCLUDED ITEMS:

i. Your rental rate includes the following: Normal utilities; PMI Southwest Florida response to Property issues or problems; Property cleaned to PMI Southwest Florida quality standards with a complete clean set of linens, bedding, and bath towels; starter supply of bath toiletries, soap, toilet paper, kitchen liquid/laundry/dishwasher soap/pods, sponge, trash bags, paper towels, and coffee/tea/condiments (these will suffice for about 1 to 2 days); and PMI Southwest Florida suggestions and referrals to area amenities to enhance your Gulf Coast/Sarasota vacation.

ii. Your total booking will include daily lodging rental rates; Guest Booking, Management or Admin fees; Accidental Rental Damage Protection; fee for your check-in cleaning and normal cleaning upon checkout; pet fees, if any; OTA Booking or Service fees; charges by third parties (example HOA or neighborhood associations) for access, parking, etc.; additional charges you agree to or accept; credit card processing fees; and state and local taxes.

iii. Daily rates DO NOT include the following:

Excessive utilities, excessive cleaning, missing items, non-accidental damage, or linen damage upon departure (i.e., upholstery or rug shampooing, etc.).
Fines or fees imposed because of Guest or Guest’s invitees’ actions.
Cable charges for Guest ordered programming, if.
*Pool heating, if applicable.
*Daily or mid-stay housekeeping or laundry service.
*Insurance for Vacation or Trip Cancellation Insurance.
*Concierge services.
*Early or late checkout charges.

* These items may be available if arranged with PMI Southwest Florida prior to check-in for an additional fee.

10. HOUSEKEEPING: Your vacation Property will be cleaned and inspected to our quality standards prior to your arrival and after your departure. A cleaning fee will be added to your booking regardless of the number of nights booked. The cleaning fee is based on the property size and applies to cleaning, laundry, amenities, and inspection. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. If units are found abnormally dirty at check-out, additional charges to clean an abnormally dirty property will be charged to your method of payment on file. Cleanings during your stay can be arranged in advance for an additional fee if you desire.

11. MAINTENANCE OR PROPERTY CONDITIONS: The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. It is possible that major systems in and around the Property may break down from time to time such as air conditioning, washer, dryer, refrigerator, etc. Guest agrees to contact PMI Southwest Florida using the contact information provided in this Agreement and/or your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition at the Property, or if any incident occurs at the Property that is related to such a problem or condition. PMI Southwest Florida will take reasonable and appropriate steps to remedy any reported problem as soon as practicable.

We may enter the Property (i) at your invitation to remedy any problem you report, (ii) at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and (iii) to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, the availability, operation and condition of shared amenities is outside PMI Southwest Florida control. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, pool filtration systems, air conditioning, telephone, internet, television or cable service, appliances, etc.

12. ACCESS BY AGENTS: PMI Southwest Florida and its agents may enter the Property as necessary to protect or inspect the Property; for repairs or services; for viewing by prospective buyers, or in case of emergency. Notice to Guest will be provided prior to entering the Property to the extent reasonable under the circumstances.

13. RESTRICTIONS AND PROHIBITED ITEMS. Violation of any of the following may result in immediate Guest and occupants’ removal, forfeiture of any rent paid, added fee of $500 plus extra cleaning or repair charges, and $500 fee per unapproved Pet. Guest agrees all charges under this section will be charged to Guest’s credit card on file.

i. NO SMOKING, VAPING, CANDLES OR UNAUTHORIZED GRILLING. Smoking and Vaping are prohibited inside the Property and on balconies/patios. Some complexes have additional smoking restrictions that must be followed by Guests. Guests are prohibited from using fire pits and candles with open flames including outdoors on patios and balconies. Per Fire Department Regulations, grills are not allowed on condo balconies or patios. Guest agrees that any evidence of smoking and/or open flames/candles (cigarette butts, ashes, smoke smell, burn holes, char marks) found during or after your departure will constitute violation of this provision.

ii. PETS. Some properties allow pets, but only with prior approval of PMI Southwest Florida and completion of a Pet Addendum to this Agreement. No other pets or animals other than those specified on the Pet Addendum are allowed on the property at any time

iii. PARKING. Parking is prohibited in areas on or off-site that are not designated as approved for Property vehicles.

iv. AC OPERATION. Running the air conditioning while doors or windows are open will likely result in the system freezing up and failing; if technician determines this to be the cause, any repair costs are Guest responsibility.

v. ILLEGAL ACTIVITY. Illegal drugs, underage/illegal drinking, or illegal activity. Under no circumstances will Guest allow illegal activity or illegal drugs on the Property. Authorities will be notified. Piracy or illegal downloading, distribution and downloading of copyrighted material on any property network is prohibited.

vi. EVENTS. Parties, Noise, Events. Quiet Hours are posted in the Property and must be adhered to. No parties, group gatherings or other events or function are allowed with persons more than the maximum guests or invitees allowed on Property.

vii. WEAPONS. Firearms, Weapons, and Ammunition. Applies to all firearms and dangerous weapons. The risk of leaving these behind or unattended at the Property represents unacceptable risk for guests, vendors, employees, and future occupants.

viii. COMMERCIAL USE. Including photo or film shoots, public events, hazardous, or other business activity.

ix. FISH CLEANING AND COOKING. Inside smoking of Fish and Fish cleaning. Neither is allowed due to the lasting odor inside and out.

x. POOL OR SPAS. See POOL AND SPA USE. Guest and invitees shall:

a. Not permit any use of pool or spa (if so equipped) by unsupervised children or other guests.

b. Not tamper with any window or door pool alarm.

c. Not use glass or breakable items in pool or spa area.

d. If gated, keep gates closed.

e. Not allow diving or jumping.

f. Use the pool and Jacuzzi at their own risk, and as detailed on Property (operations, heat, etc.).

14. GUEST RESPONSIBILITIES DURING STAY AND CHECK-OUT: Guest agrees to follow rules and to perform certain items that include, but are not limited to:

i. Notification to PMI Southwest Florida. Call, text or email PMI Southwest Florida of any damage, issues, or problems with the Property. Guest must report any damages prior to your departure to qualify for Accidental Rental Damage Protection, if any.

ii. Property Specific Rules. Guest agrees to abide by all Property rules of owners, property manager, condominium or homeowner associations, booking agents and/or PMI Southwest Florida as provided in advance and/or posted inside the Property.

iii. Garbage. Timely removable (do not allow to overflow or build-up) from Property to outside containers and move outside containers on specified days of week to designated location. Instructions will be in the Property. Leaving out trash, food or dirty dishes during your stay will attract pests and bugs and could result in pest treatment at Guest expense. Please keep Property clean and place opened food in refrigerator.

iv. Dishes, glassware, cookware, utensils, etc. Timely wash and clean during stay. Upon checkout clean or place in dishwasher all dirty items and start dishwasher before leaving.

v. Follow the checkout instructions located in the Property. This may include stripping of used beds, towels left in bathroom, and discard food from cabinets and refrigerator.

vi. Guest shall leave all keys, access cards, fobs, wristbands, and gate or garage door remote openers on Property kitchen counter upon departure. $50 charge per lost key or remote opener.

vii. Lock all doors and notify PMI Southwest Florida once Guest leaves Property.

15. NOTICE OF ABSENCE: You must tell us in advance if you will be absent from Property for 24 hours or more. If you do not give us this notice, you will have to pay for any damage that may result from your absence.

16. NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close to your Property. Rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community-specific rules and regulations beyond the control of PMI Southwest Florida. Hence, Guest shall not be entitled to a refund relating to such construction. Notwithstanding this, PMI Southwest Florida will use its best efforts to ensure the appropriate parties are notified and appropriate remedial action taken if it receives notice the construction at issue may be in violation of any such regulations or ordinances.

17. CONDITION OF PROPERTY: The Property shall be left in the same condition upon departure as it was upon check-in, normal wear and tear excepted. PMI Southwest Florida or its agents may enter the property at reasonable times to make repairs or provide cleaning service. Guest may cook only in areas specifically designated for cooking. Guest must immediately notify PMI Southwest Florida or its agents of fire or other damage to property.

18. CATASTROPHIC EVENTS, HURRICANES, SEVERE WEATHER & EMERGENCY EVACUATIONS: If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, PMI Southwest Florida is not responsible for finding alternate lodging for the Guest or for the Guest's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR THESE EVENTS OR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo, the threat of a hurricane, tornado, flood, or tsunami is always present during certain months of the year, and we all assume this risk. PMI Southwest Florida offers Guest the ability to purchase Vacation Travel Insurance that may provide coverage under certain specific weather-related circumstances. Guest is responsible for purchasing this insurance if they want the coverage offered for weather related issues, and Guest is responsible for seeking any recovery or refund directly from the insurance provider. If PMI Southwest Florida elects, in its sole discretion, to provide refunds or credits notwithstanding this provision, the form, amount, and timing of those refunds or credits shall remain solely in PMI Southwest Florida discretion.

Guest understands that an inherent risk of exposure to COVID-19 and other communicable diseases exists in any public place where people are present or have been present. COVID-19 is an extremely contagious disease that can lead to severe illness and/or death. By using this Property, you voluntarily assume all risks related to exposure to COVID-19 and other diseases related to this Property and you agree to hold PMI Southwest Florida and the owner of this Property harmless from all COVID-19/disease issues related to this stay for you and all other members of your party.

There is no change to this Agreement and its cancellation and/or refund policy because of the declaration of a pandemic or other government order restricting travel or access to the Property.

19. SECURITY DEPOSIT: In some cases, PMI Southwest Florida will allow or require Guests to make a Security Deposit to protect against any damages to and/or loss of items from the Property and to assure payment of items charged to the Guest’s account with PMI Southwest Florida; this would be in the sole discretion of PMI Southwest Florida and may be in addition to, or in lieu of Accidental Rental Damage Protection. The security deposit may be held in PMI Southwest Florida Client Trust Account or the booking agents account, or represent a credit card authorization; the deposit will be returned or authorization cancelled, minus deductions, not later than 14 calendar days after the termination of the Agreement. We must give you a written statement at that time explaining any deductions. Deductions can be made for the following reasons: to repair or replace anything that is damaged or missing; to pay any and all amounts due under this Agreement (including fees, fines or penalties); to replace all keys or remotes; additional abnormal cleaning expense or to clean excessive stains, sand, or dirt (i.e. stained carpets, furniture, walls, appliances, etc.); and restore the unit, and the things in it, to the condition when Guest moved in. If your deposit is not enough to cover all the damages and costs, you must pay the extra amount, and you authorize us to charge your method pf payment on file.

20. SEASONAL, MID-STAY BOOKINGS, BACKGROUND CHECKS AND RELIANCE ON GUEST INFORMATION: Some properties or owners have rental policies allowing for background checks, usually for rentals of 30 or more days during certain periods of the year. These 30+ day rentals and some for less may require a background check and/or approval of Association Management or property owner. If an Association is involved, this can take up to 20 days for before applications are granted, and confirmations are issued. There are normally additional Guest fees that are due to the Association and PMI Southwest Florida for applications and background checks. Periodic Property cleans by PMI Southwest Florida for rental periods over 14 days may be required at an added cost to Guest.

Guests booking directly with PMI Southwest Florida may be required to provide credit card information on file with PMI Southwest Florida for additional application fees in case of cancellation. Guest supplied information for in this Agreement, any rental applications, or information for background checks is valid and truthful. Guest will voluntarily provide all such information and, if such information proves to be false or misleading, Guest will forfeit all funds on deposit without any refund and may be removed from the premises. False or misleading information is deemed a material breach of this Rental Agreement and Guest may not be permitted to cure at the sole discretion of PMI Southwest Florida.

21. LIMITATION OF LIABILITY: Under no circumstances shall PMI Southwest Florida be responsible for any loss, expense, damage, claim or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted herein and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or property accommodations by PMI Southwest Florida or by reason of military actions, revolution, pandemic, or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; PMI Southwest Florida at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. PMI Southwest Florida will not be liable under any circumstance, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, boating, fishing, golfing, swimming, surfing, hiking, biking, zip lining, skiing, snowboarding and/or mountain climbing. This list is not all-inclusive but indicates some of the hazards of vacationing. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais or balconies with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways. Therefore, each guest agrees that he/she is voluntarily participating in all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this Property, you acknowledge that in all events and circumstances, PMI Southwest Florida, its officers, and employees shall not be liable. PMI Southwest Florida reserves the right to cancel or rescind any Rental Agreement if it is found that the Guests are conducting unlawful activities, in violation of this Agreement, not abiding by the Homeowners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of its group or use of the group or the use of the Property or any other misrepresentations or any other way in breach of the Rental Agreement. Guest understands that there are certain inherent risks to person and property located adjacent to the ocean, pool, or golf course, including the possibility of drowning or being struck by a golf ball. Guest acknowledges that the PMI Southwest Florida and Property owner would not rent the Property without Guest acceptance of this condition and this Agreement.

22. POOL, SPA AND ACTIVITY USE AND LIABILITY RELEASE: Release of Liability, Waiver of Claims, Express Assumption of Risk, and Indemnity Agreement:

i. In consideration for receiving access and/or permission to use any swimming pool, spa or hot tub, and other recreational activity on Property or provided in connection with Guest’s stay at Property, or otherwise made available to you as an amenity (all of the foregoing referred to as “Activity”) in conjunction with your accommodation of the Property by PMI Southwest Florida and the Property owner(s) (“Owners”), Guest, your guests, and your invitees (“You”) hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes Greater Southwest Florida Properties, LLC DBA PMI Southwest Florida, Property owners, and their respective officers, servants, agents, volunteers, or employees (herein collectively referred to as “RELEASEES”) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by You or your guests or invitees while participating in such Activity, whether caused by RELEASEES’ active or passive negligence.

ii. You agree You are fully aware there are inherent risks involved with Activity, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life and You choose to voluntarily participate in said Activity with full knowledge that said Activity may be hazardous to You. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by You as a result of participating in said Activity, whether supervised or unsupervised. You further agree to indemnify and hold harmless the RELEASEES for any loss, liability, judgment, settlement, damage or costs, including court costs and attorney’s fees for both the trial and appellate levels that may occur as a result of or in any way related to Your participation in said Activity, whether caused by RELEASEES’ active or passive negligence or otherwise.

iii. You agree to be responsible for the day to day general safety conditions of any swimming pool and/or hot tub at your PMI Southwest Florida Property. This includes, but is not limited to, keeping the swimming pool, spa and/or hot tub clean of debris, keeping the swimming pool, spa and/or hot tub areas clean, neat and organized, keeping all gates and doors locked and the swimming pool, alarms activated, spa and/or hot tub area secured at all times, and operating the swimming pool, spa and/or hot tub in a safe, responsible manner, and as set forth in this Agreement.

iv. You understand that RELEASEES may not maintain any insurance policy covering any circumstance arising from Your participation in this Activity or any event related to that participation. As such, You are aware that You will need your own coverage.

v. You hereby certify that you are at least 18 years of age, and you are legally competent to enter into this Agreement, including the release, waiver, assumption, and indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Florida.

23. GOLF CART AND BIKE LIABILITY: By entering into this Agreement, guests who occupy properties that provide golf carts and/or bikes (also “Activity” above) further agree to the express terms, conditions, and waivers set forth above and/or in a separate Golf Cart Waiver and Damage Addendum and Bike Waiver and Damage Addendum.

24. HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES: This Rental Agreement is for use of the Property as a guest, akin to a hotel stay, for transient purposes and does not represent any leased term or rights of possession by the guest as a tenant with rights to stay within the property. The Property is operated for transient use for a stay on a temporary basis and therefore, guests remain at the pleasure of management. Breaking rules or non-payment are cause for immediate Guest and occupants’ removal. If Guest or its invitees remain in the unit, without written permission, after the Rental Agreement has ended or upon a violation of rental policies for use, you may be removed as a trespasser and/or restricted access to the Property by the electronic locking system with due notice of 24 hours for rental policy violations or at the agreed upon check-out date and time. If you have not vacated the Property by approved check-out time, you may be liable for either late check-out fees or holdover rent. Holdover rent will be the stated amounts in your booking under this Rental Agreement times two (double) on a prorated daily basis for each day you are a holdover guest. If you are unable to access the unit and leave any personal property, which we determine to be of value, we will contact you by mailing a notice. After 20 days, if you do not respond, we may advertise the items for sale or donate them to a charitable organization. In the event of a holdover, we will provide you notice of restricted access with additional rental holdover amounts due to PMI Southwest Florida.

25. GUEST PROPERTY: Guest understands that our Property insurance does NOT cover damage or any acts of violence against guests, theft/vandalism of guest property, or any guest belongings and/or property. Guest agrees that PMI Southwest Florida and Property owner are not responsible for any loss or damage of Guest property during the term of the Rental Agreement. Guest agrees to carry insurance covering all personal property brought to the unit by Guest and bears full responsibility for any damage including damage from fire, water, theft, or any cause. PMI Southwest Florida is not responsible for any guest’s personal items or property left by a guest after departure.

26. NOTICES. All notices required or permitted under this Agreement will be in writing and sent by certified mail, return receipt requested, by reputable oversight courier, by hand delivery, or by email with delivery and read receipt. The notice address for PMI Southwest Florida is 1990 Main Street, Suite 750 Sarasota, FL 34236; EMAIL – reservations@pmisarasota.com. The notice mailing and email address for Guest shall be such addresses provided by guest to PMI Southwest Florida during the reservation booking process. Any notice sent in the manner set forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the third business day after deposited in the U.S. mail, (ii) in the case of overnight courier or hand delivery, upon delivery, and (iii) in the case of email the date of the email as evidenced by a delivery receipt.

27. APPLICABLE LAW. This Agreement shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws.

28. VENUE, JURISDICTION, AND ATTORNEYS’ FEES. The exclusive venue for any civil action or arbitration related to this Agreement or the course of dealings between the parties is the County and Circuit Courts of the Florida county where the Property is located. The parties hereby submit to the personal and subject matter jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending, or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to an amount of such fees.

29. WAIVER OF JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.

30. OTHER LEGAL INFORMATION: This is the entire Agreement, superseding all related previous negotiations, agreements, and UCC implied terms. Headings: Headings are solely for convenience, do not constitute part of the Agreement, and do not affect its interpretations. Interpretation: This Agreement shall not be construed in favor of the non-drafting party. Modification: Only the Manager of PMI Southwest Florida has authority to modify this Agreement on its behalf. Any modification must be in writing, verbal modifications are not permitted. Assignment: Guest is prohibited from assigning any obligation of this Agreement, in whole or part; any attempted assignment, delegation, or sublease of the Agreement by Guest is invalid. Severability: If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise, this Agreement shall be construed as if that provision had never existed. Remedies: The exclusive remedy for breach of this Agreement is limited to actual financial losses, and as governed in this Agreement, reasonable attorneys’ fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, PMI Southwest Florida will not be liable for consequential or incidental damages. Liquidated Damages: The parties agree liquidated damages in this agreement constitute non-punitive and difficult to forecast damages.

31. AGREEMENT TO ARBITRATE: The Parties mutually agree that any dispute, claim, or controversy arising out of or relating in any way to this Agreement will be settled by binding arbitration, such arbitration to be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or such other AAA arbitration rules that the AAA decides to be applicable to a specific dispute, that are in effect as of the time of service of an arbitration demand. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. Place of Arbitration. The arbitration shall take place in the Florida county where Property is located.

32. METHOD OF PAYMENT CREDIT CARD PROVIDED AT THE TIME OF RESERVATION WILL BE RETAINED FOR ANY AMOUNTS DUE UNDER THIS AGREEMENT AND SET FORTH HEREIN: Pursuant to this Agreement, I authorize PMI Southwest Florida to charge the card provided for any additional rental expenses incurred, and hereby agree that unpaid rent, excessive cleaning, intentional damage, lost accessories (tv remotes, garage openers, etc.), fines, penalties or fees under this Agreement, and any damage, repair, or cleaning expenses incurred that are not covered for reimbursement under the Accidental Rental Damage Protection. I also hereby confirm that the number of guests will NOT be more than stated maximum in this Agreement at any time and that violation of this policy will result in this credit card being charged all related fines plus double the guest fees.

Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided. I understand this authorization to charge my credit card on file cannot be revoked and will not terminate until 30 days after the Property is vacated.

ACKNOWLEDGEMENT: I/we, the undersigned, hereby apply for the above listed accommodation and warrant that I/we have read, understand, and agree to the terms and conditions and the rules and regulations included in this Agreement, and I/we agree to abide by homeowners/agents/association restrictions on use of said property. I/we further understand and represent that I/we are executing this Agreement on behalf of all parties named on the guest list. If the signature/acceptance of this Agreement is by electronic signature or online acceptance, I/we agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it is in an electronic form signed or accepted digitally.

NO SIGNATURES ARE REQUIRED. This contract is binding, accepted, and effective upon initial payment by Guest to PMI Southwest Florida or any online travel or booking agent (such as Airbnb, or VRBO) for occupancy of Property.

Signature lines below are for convenience if needed.

GUEST PMI Southwest Florida
Signature: ______________ Signature: ______________________

Printed Name: __________________ Print: _______________________

Date Accepted:__________________ Date: _________________________ EFFECTIVE DATE

PMI Southwest Florida

7192 21st St. E, Sarasota, FL 34243

941-254-3100

Email: reservations@pmisarasota.com