TERMS OF SERVICE AND VACATION RENTAL AGREEMENT

PARTIES. This Vacation Rental Agreement ("the "Agreement") specifies the Terms of Service applicable to your reservation. This Agreement may be modified at any time by McCormick Management & Realty LLC and its agents (“VRM”) upon posting of the modified Agreement. Modifications shall be effective immediately. You can view the most recent version of these terms at any time at Cedarkeytime.com. Each completed reservation shall constitute your unconditional acceptance of this Agreement.

GENERAL TERMS. Terms include those in this Agreement; any online agreement or terms, confirmation; any directions, instructions (check-in, checkout…), house rules, & similar documents; any condominium or homeowners’ association rules & applications, including required approvals; and any options, optional agreements, and waivers. Should any conflicts arise, the terms of this agreement control.

PAYMENTS & CHARGES. Payment & charges are in accordance with any online agreement and terms below.

Cancellations & Changes. You will receive a 100% refund for cancellations up to 30 days before arrival. You will receive a 50% refund for cancellations up to 14 days before arrival. A fee in the amount of all payments received applies to all cancellations, for non-payment, & for not occupying the Property. Changes, when available, require a $250 fee, plus any rate & fees increase. Reservations are cancelled without refund if Guest provides false information when reserving. There are no refunds for unused days, unmet expectations, problems with the property (unless rendered useless), bad weather, natural disasters, or personal or other reasons. Rescheduling will be permitted, but not refunds, when required by law, due to a mandatory evacuation of the property or legally defined impracticality, impossibility, or frustration of purpose, provided the reservation is rescheduled before the original rental period, payment is made for any rate & fee increase, & the new arrival date is within 1 yr. VRM reserves the right to cancel reservations & refuse service to anyone, to the extent permitted by law.

Travel Insurance. Travel insurance recommended if you have any concerns about our cancellation policy. We recommend https://www.generalitravelinsurance.com/

Chargebacks & Refunds. Guest waives any right to dispute a credit/debit card charge or request a refund from the platform, and agrees to the use the alternative grievance, litigation, and arbitration policies in this agreement.

Florida Innkeepers Statute and Fraud Disclosure. If the property is unhabitable or VRM materially breaches or misrepresents the condition of the property, Guest is entitled to vacate the Property & receive a prorated refund & agrees to waive any right to compensation unless the Property is vacated. However, if Guest remains then disputes a credit card charge, Guest is guilty of a felony, pursuant to 509.151, Fla. Stat. (2021).

NOTICE. Smarthome technology is used to ensure policy compliance by Guest & may include the following remotely monitored devices: Thermostats, door locks, pool/spa heater controls, decibel meter, & video surveillance including front door & pool area.

OCCUPANCY. Maximum occupancy of 2 guests/bedroom plus 2 additional persons applies 24 hours a day. (Contracting) Guest must be at least age 25 (or active military) & an occupant of the Property.

ADDITIONAL CHARGES AND FORFEITURES. Guest is not entitled to a partial or full refund if removed from the Property for a violation of the Agreement. Guest will be charged what is agreed to be nonpunitive amounts as follows:

$500 for each 4 hours or portion unauthorized thereof of early check-in and late checkout.
$150/person/day or portion thereof if unauthorized or over occupancy limit.
The invoiced amount plus $100 (or $100/hr. or portion thereof for staff hours) for odor removal due to smoke or otherwise, fines/citations/penalties, replacement of missing/moved items, damages not covered by a damage waiver, stains, bed bug treatment, technical support, long distance phone calls, pay-per-view purchases, tampering with equipment (pool [a crime], pool alarm, air conditioning, smoke/fire detectors & extinguishers), failure to return keys/passes/fobs, failure to keep pool gates & doors secured, extra cleaning (including due to illness), and similar acts & omissions.

GRIEVANCE POLICY. Please contact VRM immediately with any concerns. We guaranty we’ll do all we can within policy & reason to accommodate you. Claims are waived unless reported within 24 hours of discovery & a reasonable time to cure provided.

POOL HEAT. Pools take up to 48 hours to heat & may not reach desired temperature. Spa heat not sold separately. There are no refunds for dissatisfaction with pool heat.

ANIMALS. Pet Policy. Pets are not allowed without written permission from VRM & payment of a $250 fee. Emotional Support Animals (ESA’s). ESA’s require a written request at time of reservation & official documentation (from a doctor or the government) of a diagnosed disability, unless readily apparent. Service Animals. Service Animals, defined by §413.08, Fla. Stat. (2022), incl. animals in training, require a written request at time of reservation. No documentation is required but a person who knowingly misrepresents him/herself as being qualified to use an ESA or service animal commits a 2nd degree misdemeanor, punishable pursuant to 775.082-083, Fla. Stat. (2022). Removal. VRM can remove any animal for inappropriate behavior.

NOISE. The Property is in a residential area. Code compliance is required. Quiet Hours are 10 PM- 7 AM.

HEALTH AND SAFETY CONCERNS. Lead & Radon. There is no known lead or radon hazards. Wildlife. Florida wildlife can be dangerous. Be cautious. Bed Bugs. The Property was inspected, no bed bugs were present, & bed bugs were not reported by the previous Guest. Therefore, any bed bugs are presumed to be from Guest, absent clear & convincing proof otherwise. If found, Guest must vacate the property immediately without refund & pay for bed bug treatment. Allergens and Aggravants. Properties are cleaned according to professional standards. Guest assumes responsibility to remediate any symptoms resulting from allergies or aggravants, including mild mold problems. Smoking and Vaping. Smoking & vaping are prohibited on Property, including outside.

NOTICE. Notice to VRM is proper only if emailed to info@cedarkeytime.com and to Guest’s email address of record.

PROPERTY ACCESS AND USE. Supplies. Only basic supplies are provided. Air Conditioning. Setting air conditioning below 72° or heat above 78°, changing fan from Auto is prohibited. Leaving doors, windows, or blinds open while HVAC system is on is prohibited. Access by VRM. VRM may enter the Property as reasonably necessary to inspect & service and for real estate purposes. Reasonable notice is provided, absent urgency. Social Functions. Parties, groups, gatherings, events, etc. are prohibited & a violation will result in removal of all persons by law enforcement & cancellation without refund. Maintenance. Responses are made as VRM reasonably deems appropriate. Absent gross negligence by VRM, faulty equipment, appliances, cable, internet & phone services; temporarily interrupted utility service, bugs, noise, construction, a warm refrigerator, wear & tear, a cold pool, inclement weather, a need for spot cleaning, and other similar immaterial problems are not material breach and will not result in a refund. Service charges resulting from false reports & Guest-caused problems are charged to Guest. Default Status of Persons. Guest agrees to not take any action to establish non-transient status & waives defenses to all persons on Property having transient status pursuant to § 82.045 Fla. Stat. (2017). Grounds for Removal. Guest agrees VRM has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017) or otherwise in breach of this agreement, and that Guest will receive no refund and waives any statutory or other right to a refund.

PARTY RESPONSIBILITY. Risk of Loss. Each party is responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, & concerning Guest, caused by Guest’s licensees & invitees. Insurance. Each party must carry appropriate insurance. Lost or Stolen Property. VRM is not responsible for lost or stolen property. An item left at Property is deemed abandoned if an attempt to return it for a reasonable fee fails. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. As Is Condition. The property is rented “as is.” VRM warrants only that the property satisfies legal & express contractual requirements, notwithstanding any pictures & representations otherwise, which were provided in good faith but may not reflect wear & tear and minor cleaning issues. Guest waives any claim the Property was not as described.

KAYAK AND BICYCLE WAIVER. Experience and Training. You affirm that you possess adequate experience to use kayaks and bicycles. If not, you agree to contact VRM for training resources before using these amenities. Liability. You accept full responsibility, to the extent permitted by law, for any damage, injury, or other legal liabilities that may arise from the use of kayaks or bicycles by anyone on the property, excluding VRM, the property owner, and their agents. Safety Compliance. Failure to adhere to safety norms for kayak and bicycle use will result in immediate revocation of your rights and privileges without warning and without refund. Assumption of Risk. You acknowledge that kayaking and bicycling can be hazardous activities and assume personal responsibility for any damages or injuries caused by your actions or the actions of others on the property, again excluding VRM, the property owner, and their agents. Hold Harmless. You agree to hold harmless VRM, the property owner, and their agents for any damages or injuries that may occur due to the inherent risks of using kayaks or bicycles, your lack of care, negligence, acts of third parties, natural events, or any other cause, except where such damages are a result of gross negligence by VRM, the property owner, or their agents. In such cases, damages will be limited to actual medical expenses incurred.

Additionally, you agree to abide by the following specific rules for kayak and bicycle use:

You will not use kayaks or bicycles if there is a severe storm warning or tropical storm watch in effect for the property.
You will comply with all Florida boating and cycling regulations, including Chapters 316, 327 & 328 of the Florida Statutes, copies of which are available upon request.

LEGAL TERMS. Entirety. This is the entire agreement, unless provided otherwise herein, superseding all related previous negotiations, agreements, & UCC implied terms. Headings. Headings are solely for convenience. Interpretation. This agreement will not be construed in favor of the non-drafting party. Modification. Only Adam Stites has authority to modify this Agreement, and only in writing. Assignment. Attempted assignment, delegation, or sublease by Guest is invalid. Severability. If any provision of the Agreement is invalid or unenforceable, it will be construed as will permit enforcement; otherwise, the Agreement shall be construed as if that provision never existed. Warranties. No warranties exist unless expressly stated herein. Discretion. VRM has sole discretion concerning determination of breach or remedy, subject to good faith & adherence to usual & customary practices in the vacation home market. Reliance. Guest acknowledges that he/she/it has not relied upon any representations or understandings & waives any related rights & claims. Performance. VRM is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the Agreement was made. Waiver. No breach of this Agreement will be waived without express written consent of nonbreaching party. Indemnification, etc. Guest shall defend, hold harmless, & indemnify VRM, & its affiliates, respective officers, directors, agents, & employees from any 3rd party claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees & costs, arising out of, or relating to the Agreement, incl. for pre & non-litigation legal fees, & claims by Guest’s invitees & licensees. Remedies. The maximum remedy for breach or other actions connected to the Agreement, unless expressly provided otherwise herein, is actual direct financial losses, & as governed herein, reasonable attorney’s fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, VRM is not liable for consequential & incidental damages. Liquidated Damages. The parties agree liquidated damages herein constitute non-punitive & difficult to forecast damages. Arbitration. The parties agree to settle any disputes over $15,000 by binding arbitration. AAA rules apply unless in conflict with terms herein Forum. The 8th Jud. Cir. of FL shall be the exclusive forum for any litigated claims related to this agreement. Choice of Law. Claims are governed by the laws of Florida, to the exclusion of conflicting laws, principles, & theories. Jury & Class Action. The parties waive rights to jury trials & class action suits. Attorney’s Fees. VRM is entitled to reasonable attorney’s fees & costs from Guest for defending chargeback demands, negative reviews & social media, BBB claims, administrative or other complaints, arbitration, & litigation arising out of this agreement or otherwise. 3rd Party Beneficiaries. No 3rd party has beneficiary rights from the Agreement. Data Usage. Guest consents to use by VRM of its data, subject to law. Confidentiality. Guest agrees to not communicate with code or law enforcement regarding their accommodations. Counterparts. This Agreement may be signed in counterparts. By agreeing to these terms, you are legally bound as though you had provided your signature.

Guest consents to a background check incl. social media. Satisfactory results are required. Guest agrees to obtain informed consent of all members of Guest’s party to be bound by the terms of this agreement.

For Emergencies, Dial 911.

McCormick Management & Realty LLC | info@cedarkeytime.com

Terms & Conditions for Use of the website at cedarkeytime.com:

This Website is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of Cedarkeytime.com (the "Website") and describe the terms and conditions applicable to your access and use of the Website. This Agreement may be modified at any time by the agents of MCCORMICK MANAGEMENT & REALTY LLC upon posting of the modified Agreement. Modifications shall be effective immediately. You can view the most recent version of these terms at any time at Cedarkeytime.com. Each use by you shall constitute your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at Cedarkeytime.com .

3. Ownership. All content included on this website is and shall continue to be the property of MCCORMICK MANAGEMENT & REALTY LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

4. Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of 18.

5. Intellectual Property. All site content is deemed to be the intellectual property of MCCORMICK MANAGEMENT & REALTY LLC or its affiliates.

6. Website Use. MCCORMICK MANAGEMENT & REALTY LLC grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of MCCORMICK MANAGEMENT & REALTY LLC, which may terminate your use of this Website at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold MCCORMICK MANAGEMENT & REALTY LLC and its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of this Website.

9. Disclaimer. The information on this Website is provided on an "as is," "as available" basis. Use of this Website is at your sole risk. MCCORMICK MANAGEMENT & REALTY LLC disclaims all warranties, including but not limited express, statutory, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of this Website shall be to discontinue using it..

10. Limitation of Liability. Under no circumstances will MCCORMICK MANAGEMENT & REALTY LLC be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Website, your Website use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website and/or content is to cease all use of it.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, exclusions or limitations in this Agreement that directly conflict with such laws may not apply.

11. Use of Information. Cedarkeytime.com reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide notice to us immediately.

13. Applicable Law. The laws of the State of Florida, without regard to conflicts of law provisions will govern these Terms and Condition of Use and any dispute that may arise from them.

14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Waiver. The failure of MCCORMICK MANAGEMENT & REALTY LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by must be in writing and signed by an authorized representative of MCCORMICK MANAGEMENT & REALTY LLC.

16. Termination. MCCORMICK MANAGEMENT & REALTY LLC may terminate this Agreement at any time, with or without notice, for any reason.

17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18. Entire Agreement. This Terms of Use constitutes the entire agreement between you and MCCORMICK MANAGEMENT & REALTY LLC and governs the terms and conditions of your use of the Website and supersedes all prior or contemporaneous communications and proposals. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. MCCORMICK MANAGEMENT & REALTY LLC may revise this Terms of Use at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments.

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