Vunique Vacations Rental Terms & Conditions

1. OFFICE HOURS: Monday – Sunday, 9am – 8pm (EST), call 941.877.0410. In case of After-Hours Emergencies (non-medical and non-life threatening), call 941.702.4661. For all other emergencies, dial 9-1-1.

2. CHECK-IN / CHECK-OUT TIMES: Pre-Arrival Instructions and Access Codes will be sent to you approximately 5-days prior to your arrival. Please review these details in their entirety. Check-in begins after 4:00pm (EST). Parking in the accommodation’s driveway or at the property, and/or unloading of personal items prior to 4pm is not permitted. Our teams will need unrestricted access to the accommodations to prepare for your arrival until 4:00pm. Check-out time is 10:00am (EST). No early check-in or late check-outs will be permitted. Attempted early check-in prior to 4:00pm or guests that do not check out promptly at 10:00am will be billed a full day’s rate. Refunds are not given for late arrivals or early departures.

3. CONFIRMATION OF RESERVATION: When a reservation is made with Vunique Vacations, the system will automatically send you a confirmation email containing a link to our terms and conditions. Your payment of the booking will be your first form of acceptance of the terms and conditions, and all guests must electronically sign these terms and conditions within 2-calendar days of making their reservation or risk their reservation being cancelled. For reservations made within 2-calendar days of the reservation’s scheduled arrival date, Vunique Vacations will require a physical copy of our terms and conditions to be signed by the guest of record at the time of arrival. Vunique Vacations will also require that the guest of record provide proof of identification at the time of arrival that matches the payment details associated with the reservation.

4. AGE REQUIREMENTS: All of Vunique Vacations vacation accommodations are family properties absent exceptions being explicitly granted by Vunique Vacations. No properties will be licensed to vacationing students or young adults under the age of 25 unaccompanied by a responsible parent or guardian at a ratio of four (4) young adults to one (1) adult over the age of 25. An adult over the age of 25 must be staying in the property at all times. Guests who violate this policy are subject to immediate eviction and forfeiture of all payments made to Vunique Vacations in Vunique Vacations sole discretion. In accordance with Florida Statutes, reservations made under false pretense are null and void and check-in will not be allowed, or guests will be asked to vacate the accommodation. This policy includes reservations made by parents or guardians who do not check-in, and/or who leave overnight during the length of the stay

5. MAXIMUM OCCUPANCY; EVENTS/GATHERINGS: The maximum number of sleeping guests per accommodation is based on the individual accommodation’s ability to house our guests comfortably and safely. If the maximum occupancy is exceeded, you are subject to immediate eviction and forfeiture of all payments made to Vunique Vacations in Vunique Vacations sole discretion. Persons totaling more than the permitted overnight occupancy on the property at any time must be approved in writing by Vunique Vacations and are subject to an event fee and permit. Parties, weddings, catering, third party personal experiences, or similar events or gatherings that are not pre-approved in writing at the time of your reservations by Vunique Vacations may result in immediate eviction and forfeiture of all payments made to Vunique Vacations. In the event that Vunique Vacations pre-approves such event/gathering in writing, Vunique Vacations reserves that right to require you and/or the applicable third party to obtain and provide Vunique Vacations adequate insurance for an amount as determined by Vunique Vacations, which such insurance shall name Vunique Vacations as an additional insured. Notwithstanding the foregoing, you agree to indemnify and hold Vunique Vacations, its employees and assigns, harmless, from any and all claims, suits, damages, costs, losses, and expenses arising from any injury to persons and/or property occurring on or about the property as a result of such event/gathering.

6. MINIMUM STAY REQUIREMENTS: Most Vunique Vacations properties require a minimum stay of three (3) nights. Some properties will require specific arrival and departure dates depending on availability and time of year. One-week minimum stays may always be required at some properties, due to local zoning or homeowner’s association by-laws. One-week stays may be required during peak seasons and holidays, with Saturday arrival and Saturday departure.

7. SMOKING: Smoking is not permitted in any Vunique Vacations property. Guests who violate this policy will be charged an additional $1,000, plus the expense of any necessary cleaning, deodorizing, or any other mitigation efforts associated. If a Vunique Vacations property must be made unavailable for rent, or an incoming reservation must be relocated due to the smoking damage or mitigation efforts, these expenses will also be charged to the guest. Violations of this policy may result in immediate eviction and forfeiture of all amounts paid to Vunique Vacations.

8. PETS: Only dogs are permitted in pet friendly Vunique Vacations properties. A maximum of 2 dogs are allowed, with a max weight limit of 50 pounds total, unless otherwise approved by Vunique Vacations in writing. No “Dangerous Breeds,” aggressive, or intimating animals are allowed. All animals must be disclosed in writing to Vunique Vacations prior to arrival, and Vunique Vacations must approve all animals prior to arrival. Any animals approved by Vunique Vacations shall be subject to the terms and conditions set forth on Exhibit A attached hereto. A nonrefundable pet fee, which varies by property, will be assessed for all animals, including emotional support animals. Even in pet friendly Vunique Vacations properties, no animal is allowed in or on a Vunique Vacations property pool, spa, or furniture.

Vunique Vacations does have non-pet friendly properties. Non-Pet Friendly properties indicate that a homeowner does not allow animals in their home. Many times, this is due to severe allergies, asthma, or other medical conditions that could be affected by their presence, even after the fact. In these cases, no animals are allowed in the home for guest reservations.

If Vunique Vacations pet policy is violated, all guests will be immediately evicted from the Vunique Vacations property, all payments received from the guests will be forfeited, an additional $1,000 fee will be billed against the guests, and the guests will be responsible for the expense of any necessary damages, cleaning, or mitigation efforts. Notwithstanding this provision, Vunique Vacations is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring service animals or emotional support animals under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal or emotional support animal to ease the symptoms of a disability (as defined under the above Acts), he or she should request a reasonable accommodation, in writing, from Vunique Vacations at the time of their reservation or as soon thereafter as feasible. The request should state that the guest has a disability and explain how the requested accommodation will be helpful. In addition, the guest should include a note from his or her service provider, such as a doctor or therapist, verifying the need for the support animal. Guests need not disclose the details of their disability, nor provide a detailed medical history. Please be advised, claiming a pet as a service animal when it is not, is a criminal offense.

Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not on the premises. Rearranging the furniture or removing any items from the property is prohibited. Guests shall not make any alterations, additions or improvements to the property, including, without limitation, installing any fixture, apparatus, equipment, paint, or device of any kind in or upon the interior or the exterior of the property, or cut or drill into the property. After check-out, Vunique Vacations will inspect the property for damage, missing items, and abnormally dirty appearance. During that inspection, if Vunique Vacations determines damage is present, items are missing (including garage/gate remotes or property keys), or the property is abnormally dirty, Vunique Vacations will repair the damage, replace the missing items, and/or perform a deep clean of the property at the guest’s expense (unless Vunique Vacations receives written notice of damage, missing items, or abnormal dirtiness from a guest on the same day of arrival). Guest authorizes Vunique Vacations to charge the credit card on file to reimburse it for any such expenses.

10. PAYMENTS and FEES: All reservations are subject to sales tax. All Vunique Vacations reservations are subject to a Cleaning Fee, Linen Fee, Admin Fee, and a Damage Waiver or Security Waiver. Pet fees are applied according to Section 8 of this document. Our fees are subject to change.

11. DAMAGE OR SECURITY WAIVER: Guests are responsible for any damage to the property. Vunique Vacations offers two options to guests to protect against damage to the property: a nonrefundable damage waiver, which is a one-time fee that varies by home; or, a refundable security waiver of $2500. The non-refundable damage waiver covers accidental damage only, up to $2500; and the refundable security deposit of $2500, covers accidental damage only, up to $2500. This is provided such damage is disclosed to Vunique Vacations prior to departure.

Neither the nonrefundable damage waiver or refundable security waiver cover intentional damage, malicious acts, theft, excessive cleaning, negligence, unintentional and incidental damage, flea infestation or damages caused by a pet, or loss of rental revenue because of the property being held off market during mitigation of damages. Damage not reported to Vunique Vacations prior to departure, regardless of its nature, will not be covered and guests will be liable for all costs associated with unreported damage. The guest fully accepts responsibility for all damage caused to the Vunique Vacations property by any act or omission of the guest. Guest gives Vunique Vacations permission to charge the credit card on file for any damages that are not covered by this policy or exceed the limits of covered damages.

Vunique Vacations shall have the right to partner with a third party insurance company for any damage to the Vunique Vacations property, whose services may include conducting a background check(s) on a guest and whose fees shall be charged to the guest out of the nonrefundable or refundable damage deposit collected.

I give permission to SafelyStay, Inc., to verify my identity, and check criminal databases in order to confirm my reservation. Complete terms regarding Safely’s guest verification can be found at www.safely.com/terms. You may receive an email from Concierge@Safely.com to complete your screening. Please check your spam inbox for this email and contact Safely at Concierge@Safely.com, or go to www.Safely.com, if you have any questions

12. NON-REFUNDABLE ADMINISTRATIVE FEE: An administrative (admin) fee is added to each reservation for the processing of your reservation and is non-refundable upon cancellation. This fee varies by property..

13. INITIAL PAYMENT: An initial payment equal to 50% of the total charges is due at the time of reservation, along with full payment for the vacation travel insurance plan unless declined by the guest. This 50% deposit will be applied towards the total booking charges due. This is not a damage deposit. Vunique Vacations accepts electronic checks and credit cards (Master Card, Visa, Discover, and AMEX). Credit cards, however, are only accepted for short-term accommodations (stays of less than 30 days).

14. FINAL PAYMENT: The balance of the total booking charges is due:

Sixty (60) days prior to the check-in date for all reservations of less than 14 days.
Ninety (90) days prior to the check-in date for all reservations of more than 14 days.

15. CANCELLATION POLICY: Reservations may be cancelled or shortened only if you provide timely written notice to Vunique Vacations prior to the Cancellation Period Expiration set forth below for the location in which your reservation was made. If timely canceled or shortened, the full amount of your reservation deposit will be refunded, less a $200 cancellation fee and the non-refundable admin fee discussed in section 12. In the event of cancellations or shortened stays made after the Cancellation Period Expiration, you will be responsible for the full amount of the total booking charges. Any claims for refunds for cancellations or shortened stays made after the Cancellation Period Expiration must be sought solely through the vacation travel insurance policy offered by Vunique Vacations, if such plan was purchased. If you chose to decline the vacation travel insurance plan, no refunds will be provided for cancellations or shortened stays made after the Cancellation Period Expiration, and you will be responsible for the full amount of the total booking charges

Cancellation Period Expirations:
- Sarasota, Florida:
  - 60 days prior to the reservation’s arrival date for all reservations of less than 14 days
  - 90 days prior to the reservation’s arrival date for all reservations of 14 days or more

*For further cancellation information, please contact Vunique Vacations*

16. DISPUTES: I understand that if there are any disputes or dissatisfaction regarding the vacation rental property paid herein, that said dispute should be taken up directly with Vunique Vacations. I agree that I will not request a chargeback or credit to my credit card in connection with any charge made pursuant to this agreement. I hereby expressly waive my rights to request any chargeback against Vunique Vacations now, and in the future. All complaints must be reported during the duration of stay and not after departing the property. If I do not comply with these terms, and a dispute is filed, I acknowledge that all members of my travel party will be prohibited from renting a property with Vunique Vacations or any of its affiliated brands in the future

17. LICENSE TO OCCUPY; RIGHT TO ENTER: The parties acknowledge that by virtue of this Agreement, Vunique Vacations is granting a revocable license for guest, and guest’s invitees, to occupy the Vunique Vacations property subject to the terms of this Agreement. Vunique Vacations may revoke this license, without refund, at any time guest or guest’s invitees are in default of this Agreement. Upon such revocation, guest will immediately vacate the property. It is mutually agreed and understood that this Agreement is not intended to create a Landlord-Tenant relationship by and between Vunique Vacations and guest and that Florida’s Landlord and Tenant Act in Chapter 83, Florida Statutes, shall not apply. This Agreement is not assignable by guest. Any purported assignment hereof shall be void and of no force or effect. Vunique Vacations reserves the right to cancel any reservation subject to issuing a full refund for any unused portion of the reservation. Vunique Vacations may enter the property at any time and for any reason upon providing guest reasonable notice and may enter the property at any time for an emergency reason without providing guest any notice.

18. SUBLETTING: No Vunique Vacation property may be sublet. Your reservation is not transferable to any other party.

19. TRAVEL INSURANCE: Vacation travel insurance has been made available for purchase with your reservation. Vacation travel insurance provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip cancellation and trip interruption coverage is available for events such as: a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations. The plan also includes other valuable coverages such as medical and dental, baggage, and emergency assistance and transportation in addition to useful services such as identity theft, concierge and 24/7/365 emergency assistance. We strongly recommend you purchase this valuable protection. Guests who purchase an alternative travel insurance policy do so at their own risk. In any case, it is strictly the customer’s responsibility to ensure that the coverage terms are acceptable. Additional terms and conditions apply. Please read the description of coverage/policy carefully at http://www.csatravelprotection.com/certpolicy.do?product=G-330CSA.

20. ACTS OF GOD and SEVERE WEATHER: No refunds or credits will be made to guests for ‘Acts of God’ and/or weather-related issues or closures, including, but not limited to, pandemics, red tide, beach closures, hurricanes, and/or mandatory evacuations. Vunique Vacations offers guests the ability to purchase vacation travel insurance that may provide coverage under certain specific weather-related circumstances. Guests are responsible for purchasing this insurance if they want the coverage offered for weather related issues, and guests are responsible for seeking any recovery or refund directly from the insurance provider. Details about the coverage can be obtained by reviewing a description of coverage/policy on their website http://www.csatravelprotection.com/certpolicy.do?product=G-330CSA or by calling CSA Travel at 866-999-4018. If Vunique Vacations 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 Vunique Vacations discretion.

21. SECURITY OF PERSONS AND PROPERTY. Vunique Vacations is not responsible for any acts of violence against guests or theft, vandalism, or other damages to the personal property of guests during guests’ stay at a Vunique Vacations property. Vunique Vacations is also not responsible for personal items left by a guest in the accommodation at departure

22. PROPERTY SELECTION AND AVAILABILITY: Vunique Vacations appreciates that its luxury accommodations offer different features, designs, and layouts, and that reservation holders want the peace of mind that they will stay in the specific properties they selected. Accordingly, Vunique Vacations will reserve for you the specific property selected at the time of your reservation upon the receipt of your reservation deposit and signed Agreement. Subject to availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable for occupancy by guests, and/or subject to the property remaining as a Vunique Vacations accommodation at the time of the stay, guests will be placed in the specific property set forth in their Agreement. If the specific accommodation set forth in your Agreement is unavailable during your reservation dates for any reason (other than due to hurricanes or severe weather which is addressed in Section 15), Vunique Vacations will, in its sole discretion, either: (1) move your stay to an equivalently priced accommodation; (2) provide you a credit for use in booking a future Vunique Vacation property equal to all payments made to Vunique Vacations for the current reservation; or (3) provide you a full refund minus the non-refundable booking fee. For the avoidance of doubt, unavailability of the property will include governmental shutdowns for non-weather reasons in the area in which the property is located, including pandemics. If guests are unable to travel to the property for any reason, but the property is available for occupancy, the cancellation provisions in Section 14 will govern. In no event will Vunique Vacations be responsible for any direct or indirect costs, expenses, fees or other actual or consequential damages resulting from the unavailability of a specific accommodation.

23. RATE CHANGES and WEBSITE CONTENT: Rates are subject to change without notice on all websites that Vunique Vacations advertises. Confirmed booking rates will never be changed unless directed by the customer per the cancellation terms of this document. The rate and rental listing information provided online, though deemed accurate is not guaranteed. It is subject to errors, omissions, change of price or withdrawal without notice.

24. HOUSEKEEPING: A housekeeping fee will be added to all reservations, regardless of the number of nights booked. The fee varies depending on the size of the property and the fee is applied to cleaning and preparation expenses required in preparation for your arrival. Vunique Vacation accommodations will be cleaned and documented to our quality standards prior to arrival and after departure. If any deficiencies are found by the guest upon arrival, guest agrees to contact Vunique Vacations and allow them the time to correct the issue. No corrective action or refund will be provided if this does not occur, or for housekeeping deficiencies that are not reported within a reasonable time frame of guest arrival.

During your stay, you will be responsible for the cleaning of your property during your stay and for leaving the unit in good condition at check-out. We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. If a property is found abnormally dirty at check-out, additional charges will be charged to your credit card to assist in performing a deep cleaning of the property. Additional cleanings can be arranged during your stay for an additional fee if you prefer.

25. LINENS AND TOWELS: A linen fee will be added to all reservations, regardless of the number of nights booked. The fee can vary on the size of the property and is applied to the laundering activities associated with each reservation. Beach and/or pool towels are provided for all homes. Please only use these towels for this use. We do not allow linens or bath towels to be used in this way, or to leave the premises except for laundering by our staff. Failure to comply could result in additional charges to the credit card on file.

26. MAINTENANCE: Guest acknowledges and understands that weekly, monthly, or quarterly maintenance associated with lawn care, pool care, pest control, fertilization, preventative maintenance etc may occur during your stay to ensure the property is kept in good condition. Guests will comply with the requests of these service providers, including deterring from use of these areas or features for the time frames specified by the service provider. This is most applicable with pool care treatments.

During your stay, promptly report any maintenance problems to Vunique Vacations. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, pool filtration systems, pool heaters, air conditioning, television or cable service, appliances, etc. Guest acknowledges and understands that Vunique Vacations may have factors that limit their ability to complete a repair during a guest stay, which could include product availability, shipping time frames, warranty repair requirements, owner approval time frames, and otherwise. Refunds or rate adjustments will not be made for these factors outside of Vunique Vacations control. If Vunique Vacations 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 Vunique Vacations discretion.

27. POOL EQUIPMENT AND HEATING: All Vunique Vacation properties are equipped with pool heaters, and all pools typically heated between November 1 – May 1. Pool heaters will be set to 84 degrees. There will be days when the weather conditions will not allow pool heaters to accommodate the set temperature. The cost of the set temperature is included in your stay; however, you may request to increase the set temperature up to 86 degrees for an additional $200 per day. No credit, discount, and/or rate adjustments can be granted for circumstances beyond our control, including, but not limited to weather conditions. Guests must only use the provided pool remote and instructions to operate the pool and/or spa and any associated features (slides, fountains, etc). Guests are prohibited from tampering with the pool equipment, pool automation, or any settings associated with the pool equipment. Any guest who is proven to have tampered with pool equipment, which will be determined by Vunique Vacations at Vunique Vacations sole discretion, will be charged $1,000, plus any costs associated with the mitigation efforts that result from this action. Guest gives Vunique Vacations permission to charge the credit card on file for any damages that result in failure to comply with this policy.

28. AIR CONDITIONING: The fan should be set on ‘auto.’ Do not operate the HVAC system with doors or windows open, if window or door sensors are in use this will shut off the HVAC system. Do not operate the HVAC system at temperature settings outside of the Vunique Vacation recommended parameters. Damage to HVAC system in any capacity, due to improper use will be the responsibility of the guest.

29. PLUMBING: Please do not put any item besides toilet paper in the toilet. Paper towels, baby wipes, feminine products, diapers, etc – anything besides toilet paper – may cause a damage to the plumbing. Likewise, please do not put peelings or any fibrous materials through the Garbage Disposal. During operation of garbage disposal, run plenty of water and feed material slowly when using the disposal. If damage occurs because of non-compliance with this agreement, as determined by Vunique Vacations at Vunique Vacations sole discretion, the guest will be responsible for the service call and any required repairs.

30. NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close by the Vunique Vacations property being occupied by guests. The 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 Vunique Vacations. As such, the guest shall not be entitled to a refund relating to such construction. Notwithstanding this, Vunique Vacations will use its best efforts to ensure the appropriate parties are notified and appropriate remedial action taken in the event that it receives notice the construction at issue may be in violation of any such regulations or ordinances.

31. LOCAL LAWS and ORDINANCES: Most accommodations located in residential neighborhoods are governed by Local Government Laws and Ordinances, and/or Homeowner’s Associations or Condominium Associations. This particularly applies to length of stay, noise, parking, and trash. These rules must be respected at all times. The number of parking spaces, max occupancy, and other important information is found in the advertisement for each home. Parking of commercial vehicles, recreational vehicles, boats or marine vessels or equipment, trailers of any kind, or otherwise are prohibited without prior approval from Vunique Vacations. Violations may warrant a fine from the governing body that will be the guest’s responsibility, and in some cases, failure to comply may result in eviction without refund. These rules apply to both owners and guests. By entering into this Agreement, you and all of your guests agree to abide by the applicable rules, laws, and/or ordinances that govern the property.

32. GOOD NEIGHBOR POLICY: Please remember you are staying in someone’s home during your vacation. Please treat it with care and leave it in good condition at check-out. In addition, please be aware of volume, trash, and parking in consideration of the local community.

Please be aware that Vunique Vacations is committed to ‘rent responsibly standards.’ This means we follow best-in-class guidelines to ensure you have a peaceful, safe, and memorable stay with us. We use smart home technologies to improve your experience, security, and safety. Our homes may utilize security cameras on the exterior of the home where there is no expectation of privacy, and/or noise monitoring software that measures volume levels only (decibels) throughout the property and allows us to respond to noise nuisances quickly before it becomes an issue with neighbors or law enforcement. This equipment and software is privacy compliant and may be used at your rental property. Please reach out to the Vunique Vacations property management team if you have any questions regarding this program or local laws and ordinances that may be applicable.

33. FIREARMS, WEAPONS, AND AMMUNITION POLICY: Because of the risk of firearms being left behind, which poses an unacceptable risk for employees, vendors, and future guests, Vunique Vacations prohibits persons from carrying or otherwise possessing firearms, ammunition, or weapons at any Vunique Vacations managed property, including carrying firearms in an open or concealed manner. This policy applies to all firearms, including airsoft and BB guns. Guests who fail to abide by this policy are subject to immediate evicted and forfeiture of all payments made to Vunique Vacations in Vunique Vacations sole discretion.

34. PIRACY AND ILLEGAL DOWNLOADS: The illegal distribution of copyright material including unauthorized peer-to-peer file sharing on Vunique Vacations owned, operated or maintained networks may subject guests to civil and criminal penalties under federal law. Guests who engage in such activity at a Vunique Vacation property using a network owned, operated or maintained by Vunique Vacation will be subject to immediate eviction, a $1,000 fee, and forfeiture of all payments made to Vunique Vacations in Vunique Vacations sole discretion.

35. POOL ALARM POLICY: Pursuant to the Residential Swimming Pool Safety Act found in Section 515.27, Florida Statutes, swimming pools must have certain safety features, such as fencing and/or door alarms, depending on the pool configuration. If any pool alarm at any door or window leading to the pool area is not working, please contact Vunique Vacations immediately. Should a disabled or tampered with pool alarm be found upon guest’s departure, a $5,000 fee will be charged against the guest credit card on file in addition to any costs expended to replace or repair the pool alarm.

36. ACTIVITY – RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT:

a. In consideration for receiving access and/or permission to use any amenity, including, but not limited to, swimming pool, spa or hot tub, golf cart, bicycles, and paddleboards (collectively, “Activity”), at your Vunique Vacations property or otherwise made available to you as an amenity in conjunction with your accommodation by Vunique Vacations, LLC and the owner(s) of the Vunique Vacations property (“Owners”), you, 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 Vunique Vacations, LLC, 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.

b. 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.

c. You agree to be responsible for the day to day general safety conditions of any swimming pool and/or hot tub at your Vunique Vacations 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, 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.

d. 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 should review Your personal insurance coverage.

e. 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.

37. 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. The notice address for Vunique Vacations is: MAIL – 1144 Tallevast Road, Suite 109-110, Sarasota, Florida 34243 and EMAIL – amott@castoinfo.com. The notice mailing and email address for guest shall be such addresses provided by guest to Vunique Vacations during the reservation 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.

38. 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.

39. VENUE, JURISDICTION, AND ATTORNEYS’ FEES: The exclusive venue for any civil action related to this Agreement or the course of dealings between the parties is the County and Circuit Courts sitting in Sarasota County, Florida. 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.

42. 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.

41. FORCE MAJEURE: No party to this Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party. This section shall not alter or amend the policies of Vunique Vacations set forth in Section 15 (Cancellation Policy), Section 20 (Acts of God and Severe Weather), Section 22 (Property Selection and Availability), or Section 47 (No Change for Pandemics or Other Disruptions; Refund Policy Summary).

42. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.

43. INDEMNIFICATION, LIABILITY WAIVER, AND ASSUMPTION OF RISK:

a. You, on behalf of yourself and all persons staying in or visiting the Vunique Vacations accommodation (collectively “Guests”) agree you are occupying the property at your own risk. Guests hereby release, acquit and forever discharge Vunique Vacations, LLC and Owner of and from any and all known and unknown causes of action, damages, liabilities, costs, expenses and claims and demands of whatsoever kind or nature (including legal expenses) (“Claims”) which Guests now have or may ever have against Vunique Vacations, LLC or Owner on account of any and all known and unknown present or future injuries, losses and damages sustained or which may be sustained by Guests occurring on, at or about the Vunique Vacations property except to the extent such Claims arise from the gross negligence or willful misconduct of Vunique Vacations, LLC or Owner respectively.

b. Guests will defend, indemnify and hold Vunique Vacations, LLC (including its members, officers, and employees) and Owner, harmless from any and all Claims incurred by Vunique Vacations, LLC and/or Owner as a result of or arising out of the breach of this Agreement by Guests or Guests’ reservation and stay at the Vunique Vacations accommodation, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of Vunique Vacations, LLC or Owner respectively. The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the investigation and defense of such claim.

c. Guests acknowledge the inherent risks of being exposed to or infected by a disease or virus that is spread by person to person contact, or airborne or surface transmission (“Contagious Disease”). As such, Guests voluntarily assume the risk they may be exposed to or infected by a Contagious Disease (including but not limited to COVID-19) while staying in the accommodation and that such exposure or infection may result in personal injury, illness, permanent disability, death, and other damages. Guests hereby release and covenant not to sue, and agree to defend and hold harmless Vunique Vacations, LLC (including its members, officers, and employees) and Owner of and from all claims and damages of any kind arising out of or relating to the exposure to or contraction of a Contagious Disease. Guests understand and agree this release includes any claims based on the actions, omissions, or negligence of Vunique Vacations, LLC, Owner, or their employees, agents or representatives, whether a Contagious Disease infection occurs before, during, or after Guests’ stay. Guests acknowledge this contractual assumption of risk and release is a material term and specific condition of Vunique Vacations, LLC and Owner agreeing to license the property. Guests acknowledge this is a specifically negotiated term and the monetary amount of this Agreement is specifically based upon the inclusion of this provision

d. You acknowledge and understand that any ‘preferred vendors’ are 3^rd party entities that offer their services to Vunique Vacations guests, but they are independent of Vunique Vacations. All services, activities, and rental equipment are purchased or used under that companies separate terms and conditions, rental agreements, and insurances. Guests use these services at their own risk.

44. SEVERABILITY: If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.

45. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. This notice is given pursuant to Section 404.056(5) of the Florida Statutes.

46. HEADINGS: Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof

47. NO CHANGE FOR PANDEMICS OR OTHER DISRUPTIONS; REFUND POLICY SUMMARY: For the purpose of clarification and avoidance of doubt, no declaration of pandemic or other declaration or governmental order restricting travel or access shall alter the terms of this Agreement, including but not limited to Section 15 (Cancellation Policy), Section 20 (Acts of God and Severe Weather), and Section 22 (Property Selection and Availability). As set forth more fully in Section 15, reservations may not be cancelled or shortened unless written notice is provided to Vunique Vacations prior to the Cancellation Period Expiration. Otherwise, guest will be responsible for the full amount of the total booking charges unless Vunique Vacations, in its sole discretion, provides a credit for a future stay. As set forth more fully in Section 20, if a hurricane or other severe weather prevents your access to your rental property, Vunique Vacations may elect, in its sole discretion, to provide a credit for use in booking a future Vunique Vacation property, provide a full refund in a pro rata amount, or provide neither. No other refunds or credits will be provided based on Acts of God and/or weather events. As set forth more fully in Section 22, if for any other reason the specific accommodation set forth in your Agreement is unavailable for occupancy during your reservation dates, Vunique Vacations will, in its sole discretion, either move your stay to an equivalently priced accommodation, provide you a credit for use to book a future Vunique Vacation property, or provide you a full refund minus the non-refundable booking fee.

Authorized Signature: Through your electronic signature of this document, you agree you have read, understand, and agree to abide by the terms of this Agreement, which includes any specific reservation riders, policies, or details, applicable to your reservation and you agree to book the property set forth above for the period and price specified above. You also give Vunique Vacations permission to send you ongoing marketing and promotional communications. These can be unsubscribed from at any time. You also explicitly agree to and understand the refund policies set forth in Sections 15, 20, and 22 which are summarized above in Section 47, and further agree not to initiate any “charge-back” claims with your credit card provider due to Vunique Vacations following these policies and Section 16 of this agreement. You further understand and consent to the use of the credit card or electronic check payments you provided in conjunction with this Agreement. You also authorize Vunique Vacations, LLC (“Vunique Vacations” or “Manager”) to charge your credit card or checking account for any damages or fees consistent with this Agreement, and/or for the deposit, balance due, and any additional charges incurred during your stay. You understand this authorization cannot be revoked and will not terminate until 30 days after the property is vacated

I agree not to challenge the validity, enforceability or admissibility of this signature process on the grounds that it is in an electronic form.

EXHIBIT A

Pets Terms and Conditions

Guest(s) agree that they are solely responsible for the maintenance of the pet(s) and agree to keep them under control at all times.
Guest(s) agree to keep the pet(s) restrained, but not tethered, when they are outside their dwelling.
Guest(s) agree to adhere to local ordinances, including leash and licensing requirements.
Guest(s) agree not to leave the pet(s) unattended for unreasonable periods (e.g., more than four hours) and further agree not to leave pet(s) unattended on balcony, patio, or porch.
Guest(s) agree to clean up after the pet(s) and to dispose of the pet(s)’ waste properly and quickly.
Guest(s) agree not to leave food or water for the pet(s) (or any other animal) outside the dwelling where it may attract other animals.
Guest(s) agree to keep the pet(s) from being unnecessarily noisy or aggressive and causing any annoyance or discomfort to others and will remedy immediately any complaints made through the Vunique Vacations.
Guest(s) agree to provide the pet(s) with an identification tag that the pet(s) will wear at all times while on the property.
Guest(s) agree not to breed or allow the pet(s) to reproduce.
Guest(s) agree to immediately pay for any damage, loss, or expense caused by the pet(s).
Guest(s) agree to pay for pest infestation services resulting from the pet(s) allowed on the property.
Gust(s) agree to not allow pet(s) on furniture at any time. Any evidence of pet(s) on furniture may incur extra cleaning fees.
Guest(s) agree that all pet(s) shall be treated with a topical flea and tick repellent three (3) days prior to arrival.
Guest(s) agree that Vunique Vacations shall not be responsible or liable for any illness and/or injury caused by the pet(s).

Vunique Vacations Rental Terms & Conditions

The Vunique Vacations Family