Sample Lease - Idyll-by-the-Sea Two

This is your vacation lease. Please read it thoroughly. If you have any questions, please feel free to call us. This lease is in effect from your arrival until your departure. This agreement constitutes a contract between the Guest and Carol Irvine, Owner of Idyll Rentals and the rental cottage. Please read it carefully, sign, and return one copy to the Owner via fax (or scan/email).

1. Confirming Reservations: Reservations are confirmed upon Owner's receipt within 24 hours of both: (a) a signed lease and (b) 50% of the base rental rate. Reservations not confirmed within 24 hours will be cancelled. You will receive a confirmation receipt (via email) after we process your initial payment. This receipt is confirmation that we are in possession of your signed lease (if you don't receive a confirmation receipt from us, you have not booked). Your reservation is for the time specified under arrival and departure dates listed above. The 'Guest Name' on this lease must be an adult, and is the responsible party for the reservation and all lease obligations.

2. Payment Schedule: An advance payment of 50% of the rental rate is due within 24 hours in order to confirm your reservation, made by credit card (or with Owner's approval, via check and overnight mail). The final balance is due 75 days before your arrival, and must be paid by automatic credit card draft. If we do not receive your final payment by the due date, your reservation is subject to cancellation and all deposit monies forfeited. Reservations made less than 75 days prior to arrival require full payment.

3. Taxes: You are quoted a rental price estimate that is based upon up-to-date tax rates. However, it is possible (but rare) that tax rates will change between now and the time of your stay. You will be notified if there are any changes to your quoted tax rate.

4. Getting Here: Upon receiving your final payment, (due 60 days prior to your arrival), the Owner will send you details on your rental, along with the names and phone numbers of: (a) emergency contacts, and (b) our very pleasant manager.

5. Arrival/Departure: Check-in time is strictly at 4:00 PM (or later). Check-out time is strictly at 10:00 AM (or earlier). These times must be followed due to the logistics of preparing the property between guests. Early check-in or late check-out is rarely available, but when available (Leaseholder must obtain written approval by the Owner), additional partial day fees will be charged. Please note that the property is located in the Eastern Time Zone, and be cognizant of when Daylight Saving Time changes.

6. Parking / Vehicles: We recommend a limit of six passenger vehicles at the cottage. Restrictive community covenants provide for (1) no parking anywhere other than garages and driveways (there is no on-street parking allowed in the entire subdivision), and (2) only passenger vehicles are permitted (no RVs, no trailers, no U-Haul, no boats, etc). Vehicles violating these covenants are subject to towing at vehicle owner's expense. Please consider this when making reservations or travel arrangements.

7. Damage Deposit: A security deposit is required on all reservations at the discretion of the owner. The security deposit's purpose is to protect the Owner's home and contents from damages. If damage exceeds the security deposit, the guest agrees to pay (by check) any and all damage charges above the security deposit. In addition, if any checkout procedures aren't followed, additional charges will be deducted from security deposit. Checkout guidelines are given to you in advance. The cottage is inspected before and after every tenancy. While you are here, we ask your cooperation in reporting any damage. The security deposit, less any charges incurred where applicable, will be refunded within 20 days of departure. Leaseholder -- you are responsible for any damages incurred during your group's tenancy. Your security deposit will be fully refunded by postal mail within 20 days of your departure, providing the following provisions were met: NO SMOKING (a) There was no damage to the cottage or its contents beyond normal wear and tear; (b) All debris, garbage, dog waste, etc., was placed in outdoor trashcans; (c) Dirty dishes were placed in dishwasher; (d) Cottage was left in a neat condition and does not require excessive cleaning; (e) No items were missing from the cottage; (f) All keys were left in the cottage; (g) The number of guests did not exceed the agreed upon number of adults, children, and infants; (h) There has been no smoking in the house and screened-in porch (smoking outside only). (i) No use of any illegal drug. Any use of marijuana is strictly prohibited.

8. Utilities: The cost of normal utilities usage is included with your stay. However, you are responsible for the costs associated with excessive utilities usage (for example, leaving a garden hose running).

8a. Trash/Recycle: Please respect the trash/recycle pickup schedule posted in the house. We provide four large trash bins and three recycle bins for your use. You must collect all trash/recycle, place into the bins, and set bins out (to the curb) the night before collection days, as collection can be as early as 4am. If you do not set bins out for collection on time, we need to hire a firm to haul material away and you will be charged an additional $200 for this service. After collection, please move the empty bins back to the garage area.

8b. Internet: You are fully responsible for the actions of everyone using the Internet connection during your stay. For example, a teenager using BitTorrent to illegally download a copyrighted movie. Please notify everyone using the Internet connection, that use of P2P (peer to peer) file sharing services during your stay is not permitted.

9. Cancellation/Trip Insurance: If you cancel your reservation for any reason you are entitled to a refund of your payments to us, less a cancellation fee of $2500.00, provided: (a) for rentals in peak season (between Memorial Day and Labor Day) you cancel within 30 days of the signing date of this lease; (b) for all other rentals, you cancel 180 days or more in advance of your check-in date. Otherwise, there are no refunds for cancellations outside these time frames, and the full lease amount remains due. The reason is because "Trip Cancellation Insurance" is now available, is very affordable, and provides incredible peace of mind for cancellations due to almost any reason (like hurricanes, family emergencies, unforeseen events, etc). Trip Cancellation Insurance is available through most travel agents, insurance agents, or sites on the Internet. We will refer you to several possible sources of trip insurance. Purchasing Trip Cancellation Insurance is mandatory.

10. Occupancy: The house capacity is twenty (20) individuals (babies in cribs not included), but occupancy is restricted to the number of adults, children, and infants disclosed at the top of this lease. Your rental rate and fees were calculated based on the agreed upon occupancy. Any leaseholder found in breach of this contract will be evicted and monies will not be refunded.

10a. Bedroom/Bathroom Allotment: The cottage is an 8 bedroom and 7 bathroom house. Your rate and fees have been based upon a number of bedrooms and bathrooms you agree to use during your stay. If this number is less than the house maximum, please notify all members of your group during checkin which bedrooms/bathrooms you elect to use, and more importantly, which bedrooms/bathrooms are off limits and not to be used at all. You agree to pay additional rates and fees if more than the allotted number of bedrooms/bathrooms are used during your stay.

10b. Property misuse: The cottage and property may NOT be used by anyone occupying other rental properties. If your occupancy is large enough that you must rent multiple homes/properties/hotel/etc, and want those other people to come over to the cottage during the day, that is a misuse of the property and not permitted.

10c. House Layout: No furniture in the house may be moved without the prior written permission of the Owner. For example: (a) the sections of the sofa have an interlocking mechanism that will be damaged if moved, and (b) rearranging bedrooms or moving beds or mattresses between rooms is not permitted.

11. Parties: There are to be no parties in the cottage. And yes, of course, having a few friends and family in occasionally is fine (we want everyone to have a wonderful stay) but by a few friends we mean no more than 24 people total, including the guests staying in the cottage. I have learned that I need to define "having guests in" includes 24 people, total, whether in the cottage, on the deck, or on the porches. Sadly, I also have had the need to delineate "occasionally"- occasionally means once in a while; it does not mean 24 people all day, every day and all night, every night. We don't mean to sound so strict -- we truly want you all to enjoy the house -- we just want it taken care of for everyone to enjoy.

11a. Fireworks: Use of (1) fireworks of any kind, (2) any item with an open flame (Chinese lantern, etc), and (3) any similar items (cap guns, etc) are strictly prohibited. The reason is SAFETY! A neighbor in one of our rental houses almost set OUR house on fire when a Chinese lantern landed on our roof. Thankfully, our renter noticed and was able to quickly put the fire out.

12. Spa Suite: The entire fourth floor is the Spa Suite. It features a dry sauna room, an overflow whirlpool tub, and a shower which includes a steam shower and whirlpool footbath. Warning signs in the spa suite must be read and honored in regards to age, medical conditions, etc, for use of the facilities (like the posted rules you see in hotels and health clubs). As such, the entire Spa Suite is limited to competent healthy individuals over the age of 18. Serious injury or death can occur if the spa facilities are used by inappropriate individuals or in an unsafe manner. The leaseholder agrees assume all liability for the use of the Spa Suite, and hold the owner (and/or rental company) harmless for the use of this floor. The leaseholder agrees to be responsible for any damage caused to the Spa Suite during their tenancy, even if it exceeds the security deposit.

13. Elevator Rules: The maximum occupancy of the elevator cab is two (2) individuals. The elevator is not a toy, and may only be used by competent individuals over the age of 18. The elevator is safe and very reliable when used properly. The elevator system has many safety interlocks to prevent harm. However, if any safety interlocks are bypassed, serious injury or death can occur. People under the age of 18 may ride the elevator only when accompanied by a competent supervising adult. You are fully responsible for the costs of any elevator repairs caused by abnormal use. NO KIDS PLAYING ON THE ELEVATOR.

13a. House Rules: The fridge in the kitchen has posted laminated instructions for using the pool, the pool cover, the pool water fill, the grill, and other important items. Leaseholder agrees upon arrival to read and follow those posted instructions and rules. Because not following the rules can result in damaged pool motors, a ripped pool cover, etc -- that can be expensive to repair or replace. We once came to the house to find the pool water fill had been left on and over 100,000 gallons of water used!

14. Maintenance / Repairs: Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. We have an excellent maintenance team who corrects problems as soon as humanly possible. Authorized personnel may enter the premises during business hours for purposes connected with repairs, care, or maintenance of the premises. Expect pool and lawn care personnel on property once a week.

15. Construction: North Topsail Beach is a highly desirable, developing resort area. Expect new construction, remodels, and other improvement projects year-round. We do not give refunds due to any nearby construction activities. If you are concerned, call and inquire before you book your reservation.

16. Consideration: If you are not satisfied with anything, you must call us immediately (not after your stay) and all efforts will be made to correct any problems you may experience in as timely a manner as possible. Recompense will not be issued due to malfunctioning equipment or other guest's dissatisfaction. You can expect a courteous, professional, and very caring attitude towards problem solving.

17. Pets: There is a $75 per dog per stay non-refundable dog fee. Guests bringing dogs are required to notify Owner in advance and sign a separate pet addendum, disclosing all dogs.

18. Children: Here is our policy on children...We have friends with very young children that we would allow to use this house in a heartbeat. We also know children that wouldn't be appropriate for this house. (The same could be said for some adults, too.) Here's the thing - if children aren't exposed to good things and taught how to take care of things at an early age, then they won't grow up knowing how to treat a house right. (It is the same principle on having art and music exposure in early educational experiences.) Anyway, we want children to have that opportunity. If, however, you think it is okay for your child to actively and aggressively use the sofa, the beds, and the other upholstery in your vacation house as trampolines, than this probably isn't the right cottage for you. We want everyone to be comfortable, relaxed, and enjoy himself or herself, but not to the abuse of the house.

19. Telephone: Any long distance calls or long distance facsimile transmissions must be charged to a calling card.

20. Indemnification: Guests agree to indemnify and save homeowner and employees, free and harmless for any liabilities, or any loss or damage, whatsoever arising from, related to, or in connection with rental of the premises including but not limited to any claim or liability for personal injury or damage or loss of property which is made, incurred, or sustained by guests or guests of guests.

21. Forum Selection Clause: This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. This agreement shall be treated as though it was executed in the County of Onslow, State of North Carolina, and was to have been performed in the County of Onslow, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in the courts in North Carolina. Leaseholder specifically consents to such jurisdiction and to extraterritorial service of process.

22. No Agents / Non Transferable: The leaseholder certifies that he/she is the renter who will occupy the house along with friends and family, and is not acting as an agent for an anonymous third party. The leaseholder agrees to fully disclose not only those individuals staying in the house, but also any individuals coming to the house. This lease may not be transferred to a third party without prior written permission of the owner.

23. Sale of House: In the very unlikely event that Idyll-by-the-Sea Two is sold to third party (the house is currently NOT on the market), and this lease covers a time frame that is after the closing date, this lease will be rendered null and void and the current owner will refund all deposit money to the leaseholder. If the new owner chooses to offer a new lease to the leaseholder, the leasholder is welcome to accept, but is under no obligation, to rent from the new owner. However, if the new owner does not extend a lease offer to the leasholder, the current owner will pay the leaseholder a $2000 inconvenience fee to find a new rental property.

24. Catering Companies: Only Owner approved catering companies may be used. Please contact the Owner for details and approval.

25. Severability: If any part of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of the rest of this agreement. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

The undersigned has read and agrees to abide by the terms, rules and regulations of this Lease Agreement, and certifies that "Trip Cancellation Insurance" will be obtained for this stay as per section 9 above.

Carol Irvine Signature