IF YOU DO NOT SIGN AND RETURN THIS AGREEMENT WITHIN 72 HOURS OF RECEIPT YOUR RESERVATION WILL BE RELEASED/CANCELLED. VACATION RENTAL AGREEMENT IN CONSIDERATION of PMJ Properties, Inc. d/b/a Island Club Rentals and the Owner of the Property and their respective agents, employees, contractors, representatives, shareholders, officers, directors, members, managers, affiliates, insurers, subsidiaries, successors, assigns and any person/entity claiming through them (collectively referred to herein as “Manager”) renting the stated Property (which term includes the home/condo, all furnishings, equipment and supplies therein, the surrounding land and all common areas, pools, recreational equipment and amenities) pursuant to this Vacation Rental Agreement (“Agreement”), You (which term includes the person signing this Agreement and all occupants, guests, invitees and other persons in or on the Property and their respective family members, heirs, executors, administrators, representatives, assigns and any person/entity claiming through them) jointly and severally agree to be bound by this Agreement and to fully comply with all of its terms, conditions, rules, restrictions and obligations. Any monies received by Manager pursuant to this Agreement indicates acceptance by You of this legally binding Agreement. PAYMENT INFORMATION ***Initial Here _________ • THERE IS A 3% BOOKING FEE FOR ALL CREDIT CARD TRANSACTIONS. • Any check returned for "insufficient funds" or "stopped payment" will not be resubmitted and will incur a fee of $35.00. We will contact You and require that payment be received within 24 hours by credit card. • 50% of the Rent Charge must be paid when You make Your reservation and the balance of the Rent Charge plus taxes (13% for sales, county and occupancy/resort) and the Damage Waiver Fee (explained below) is due 45 days in advance of Your arrival date. • Once You have paid all required charges and fees in full, an email will be sent with the entry code for the Property, the check in and out instructions, the bed sizes, a map and instructions on how to get to the Property. CANCELLATION POLICY ***Initial here _______ • All cancellations must be in writing and sent to 6574 Scenic Park Oval, Middleburg Heights, Ohio 44130 or email@example.com • If You cancel at least 90 days before Your arrival date = all amounts paid will be refunded except $50.00 processing fee. • If You cancel between 90 and 45 days before Your arrival date = all amounts paid will be refunded except $100.00 processing fee. • If You cancel less than 45 days before Your arrival date = all amounts paid will be forfeited unless the home is re-booked, in which case You will be refunded the difference in the rental charges less a $100 processing fee. • Manager reserves the right to cancel this Agreement for any reason, at any time, in which case You will receive a full refund of all amounts paid. REFUNDS ***Initial here _______ Your signed Agreement binds You to the Property and the specific period of time that You reserved. There are no refunds of any amounts paid for: (a) bad weather; (b) missing the ferry or the ferry not running; (c) You are disappointed with the Property; (d) something associated with the Property not working to Your satisfaction; and (e) mechanical failure of nonessential items such as TVs, Internet, and grills. Please call the Manager at 216-898-9951 when a problem occurs during Your stay and the Manager will make every reasonable effort to correct the problem in a timely manner. No refunds will be given in the event the Property becomes impossible to rent due to reasons beyond the control of Manager including, but not limited to: acts of God; acts of nature; natural disasters; fires; floods; explosions; accidents; power outages; system and/or equipment breakdowns; plagues, epidemics, pandemics, outbreaks of infectious disease or other public health crisis; federal, state, or local quarantine, evacuation or other orders, requisitions, restrictions or directions; acts of civil or military authority, acts of public enemy, civil commotion, blockades, riots, wars, terrorism, invasions, arrests, strikes, boycotts; embargoes, shortages, constraints, delays and/or inability to obtain labor, fuel, power, supplies, materials and/or transportation; changes in laws or regulations or other acts or order of government agencies; or other unforeseen circumstances or causes (whether similar or dissimilar to the foregoing). However, in the event of the foregoing, Manager may, in its sole discretion (but is not required to) offer an alternative reservation as Your sole remedy. Manager will not be liable or deemed in default under this Agreement for failure to perform or delay in performing any of Manager’s obligations due to or arising out of any of the foregoing. TRAVEL AND TRAVEL PROTECTION PLAN ***Initial here ________ It is Your responsibility to make any and all travel arrangements to Put-in-Bay (South Bass Island) via www.millerferry.com and www.jet-express.com. You can also purchase travel insurance in the event of unexpected, unforeseeable circumstances that affect Your travel plans (trip cancellation, delay and interruption, medical expenses, etc.) through CSA’s Vacation Rental Insurance Plan at www.vacationrentalinsurance.com/330CERT WHAT TO BRING ***Initial here ________ • LINENS (sheets, pillowcases and towels) are NOT PROVIDE. If You prefer not to bring Your own, we can add them to Your reservation for a $100 fee. Pillows and blankets are already in the Property. • If You are staying in a Waterfront Condo, You DO NOT need to bring Your own linens. • If You booked Your reservation through AIRBNB, You may have already noticed a $100 linen fee included in Your cleaning fee upon booking. You have already paid this through Airbnb and linens will be provided to You. • If You booked through a different website (VRBO, Expedia, Booking.com, islandclub.com, etc.), You have not paid this fee and will need to either bring linens or let us know to add them to Your reservation for additional $100. • All properties are supplied with four rolls of paper towels, toilet paper, garbage bags, dish detergent and all-purpose cleaner. • Toiletries and personal items are not supplied – bring Your own hand and bath soap, shampoo and conditioner, shaving cream, hair dryer, clothes iron, hangers, tissues, etc. CHECKING IN AND OUT ***Initial here ________ • Check-in time is at 4:00 p.m. Your entry code and directions to the Property will be emailed to You after Your final Rent Charges are paid in full. • We cannot release any information to anyone other than You. • Manager makes no representations or warranties, expressed or implied, as to the condition of the Property. Therefore, upon check-in, You agree to inspect the Property and to accept the same in its present “AS IS, WHERE IS” condition, unless You notify the Manager at 216-898-9951 of any defects within one (1) hour of check-in. • Check-out is at 11:00 a.m. If You remain in or on the Property after this time, an additional fee of $25.00 per hour will be charged until You have vacated the Property, plus any costs Manager incurs as a result of the delayed departure. • NO EARLY CHECK-IN or LATE CHECK-OUT IS ALLOWED. PROPERTY RULES AND REGULATIONS ***Initial here ________ _______ NO OVERCROWDING! YOU MUST COMPLY WITH THE MAXIMUM OCCUPANCY FOR THE PROPERTY STATED Initial ON THE FIRST PAGE OF THIS AGREEMENT. Any extra unauthorized overnight guests will be considered a trespasser and will result in immediate removal/eviction of the trespasser and all occupants, with no refund of any amounts paid. Manager reserves the right, at any time, without prior notice, to require wrist banding to ensure only authorized occupants. _______ QUIET HOURS ARE 11 P.M. until 10 A.M. Loud noises of any kind during quiet hours and/or excessive rowdiness, Initial loud, obnoxious or offensive behavior of any kind at any time is unacceptable, is not permitted and will result in immediate removal/eviction of all occupants, with no refund of any amounts paid. _______ The following are NOT ALLOWED ON, IN OR NEAR THE PROPERTY AT ANY TIME and failure to comply will result in Initial removal/eviction of all occupants, with no refund of any amounts paid: • LOUD MUSIC and OUTDOOR SOUND SYSTEMS that can be heard beyond the porch and the adjacent neighbor; • SMOKING OF ANY KIND including, but not limited to cigarettes, cigars, pipes, electronic cigarettes, bongs and any other smoking/burning devices and materials; • Possession or use of FIREWORKS, COMBUSTIBLES, HAZARDOUS MATERIALS or ILLEGAL DRUGS/CONTROLLED SUBSTANCES of any kind; • DOGS, CATS, PETS OR ANIMALS of any kind; and • FISH CLEANING of any kind. Exception: during the month of April, a fish cleaning station is available between Island Club houses #3 and #102. This is the only time and location to clean fish and dispose of fish waste. _______ NO LITTER, TRASH, CANS, BOTTLES, SMOKING MATERIALS OR OTHER DEBRIS OF ANY KIND IS PERMITTED Initial AROUND THE PROPERTY. Failure to comply will result in a warning for the 1st offense and any subsequent offenses will result in removal/eviction of all occupants with no refund of any amounts paid. _______ Failure to comply with the following rules will result in a warning for the 1st offense and any subsequent offenses will result Initial in removal/eviction of all occupants, with no refund of any amounts paid: • NO GAMES OF ANY SORT CAN BE PLAYED ON (OR BLOCK) THE STREETS AND ROADWAYS per Island and emergency ordinances; • NO INDOOR BEDDING, COMFORTERS OR FURNITURE ARE PERMITTED OUTSIDE and porch/patio furniture may not be used elsewhere; and • NO PARKING (VEHICLES, BOATS, GOLF CARTS) IS ALLOWED ON THE GRASS OR IN THE STREET. Only 2 vehicles are permitted per Property and must be parked in the driveway (only 1 vehicle in Put-in-Bay Condos). All other vehicles must park in designated guest parking areas. _______ All Pool Rules (posted at each gate) must be followed at all times. Do not remove any pool items from the pool area Initial and do not bring any items from the Property to the pool (cups, utensils, furniture, etc.). Absolutely NO GLASS of any sort is permitted inside the pool area. Failure to comply with this provision will result in denial of pool privileges and, in Manager’s sole discretion, removal/eviction of all occupants, with no refund of any amounts paid. BRING YOUR OWN POOL TOWELS. _______ For safety reasons, NO ONE IS PERMITTED ON THE BEACH AND/OR DOCK AT THE WATERFRONT AND POOLVIEW Initial CONDOS. Failure to comply with this rule will be considered trespassing and will result in immediate removal/eviction of the trespasser and all occupants, with no refund of any amounts paid. MANAGER RESERVES THE RIGHT TO IMPOSE ADDITIONAL RULES AND REGULATIONS AT ANY TIME, WITHOUT PRIOR NOTICE AND TO ENFORCE ALL RULES AND REGULATIONS AS MANAGER DEEMS APPROPRIATE, IN MANAGER’S SOLE DISCRETION INCLUDING, BUT NOT LIMITED TO REMOVAL/EVICTION OF AUTHORIZED AND UNAUTHORIZED INDIVIDUALS. WHEN MANAGER INSTRUCTS THE LOCAL LAW ENFORCEMENT TO REMOVE ANY OR ALL INDIVIDUALS FROM ANY PROPERTY, FOR ANY REASON, AT ANY TIME, SUCH DECISION IS FINAL AND ABSOLUTE WITHOUT ANY RECOURSE. PLEASE BE AWARE THAT THE TAXI DRIVERS, FULL-TIME HOME OWNERS AND SECURITY PERSONNEL WILL REPORT ANY VIOLATIONS OF THIS AGREEMENT TO MANAGER. DAMAGE WAIVER FEE. *** Initial Here ___________ When making Your reservation, You will be charged a Damage Waiver Fee which is a prepaid, non-refundable fee that covers unintentional minor damages and accidents to the Property during Your stay (i.e.: spills, stains, broken glassware, etc.) up to a maximum of $250.00, provided You immediately report the damage to the Manager. The Damage Waiver Fee DOES NOT COVER: intentional damages, damages to personal items, lost or stolen items, damages not immediately reported to the Manager and damages resulting from non-compliance with this Agreement. You will be responsible for and Your credit card will be charged for all damages covered under the Damage Waiver in excess of $250.00 and all damages not covered under the Damage Waiver Fee, in addition to all collection costs and attorney’s fees. The Damage Waiver Fee does not and will not constitute a waiver of any of the Manager’s rights and remedies under this Agreement, or in law or equity. ADDITIONAL TERMS AND CONDITIONS ***Initial here ________ 1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU (A) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS OF ANY KIND AND NATURE, BOTH KNOWN AND UNKNOWN, INVOLVED IN OR RELATED IN ANY WAY TO THE USE AND OCCUPANCY OF THE PROPERTY, (B) AGREE TO BE FULLY RESPONSIBLE AND LIABLE FOR ANY AND ALL DAMAGE, THEFT, LOSS, DESTRUCTION OR INJURY TO ANY PROPERTY OR PERSON (INCLUDING DEATH) IN, ON AND AROUND THE PROPERTY ARISING FROM OR RELATED IN ANY WAY TO YOUR ACTS, OMISSIONS OR NEGLIGENCE, VIOLATIONS OF THIS AGREEMENT AND/OR USE OR OCCUPANCY OF THE PROPERTY, AND (C) AGREE TO INDEMNIFY, DEFEND AND HOLD MANAGER HARMLESS FROM AND AGAINST ALL LOSSES, DAMAGES, LIABILITIES, FINES, PENALITIES, CLAIMS, ACTIONS, COSTS, ATTORNEYS’ FEES AND EXPENSES ARISING FROM OR RELATED IN ANY WAY TO THE FOREGOING, UNLESS DIRECTLY CAUSED BY MANAGER’S WILLFUL MISCONDUCT. If for any reason any part of this indemnification provision is in contravention of any applicable statute, code, ordinance, law, order, regulation or rule, then this indemnification provision shall survive to the fullest extent permitted and will survive the expiration or termination of this Agreement for any reason. 2) To the maximum extent permitted under applicable law, You understand and agree that in no event will Manager: (a) be responsible for the care or safety of any person and/or property in, on or around the Property; (b) be liable for any theft, criminal acts, personal injury, death, damage or loss to any person or property whatsoever; (c) be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with this Agreement; (d) be liable for more than the total amount paid under this Agreement; or (e) have any personal liability or responsibility whatsoever under this Agreement, unless the same is directly caused by Manager’s willful misconduct. 3) You agree to occupy and use the Property and all fixtures, accessories, equipment and appliances therein in a clean, sanitary, orderly, careful, proper and safe manner, not to remove them from the Property at any time, for any reason, and to return them at the end of the rental period in the same condition as when You arrived, less normal wear and tear. 4) You agree to notify Manager of any dangerous conditions or need for repairs on the Property and to guard against harm, loss, injury, damage or risk to anyone until Manager has the opportunity to inspect and rectify the situation. You also agree to allow Manager reasonable access to the Property for purposes of repair and inspection. In the event of an emergency or Your absence/failure to respond, Manager may enter the Property without prior notice or Your consent, without any liability for the same. 5) You expressly understand and agree that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement of any kind and not to use the Property for any business, professional, commercial or unlawful purposes or activities whatsoever or in any way that may (a) cause any hazard, damage, loss or injury to any person or property; (b) disturb others; (c) increase the insurance premiums for the Property; or (d) be a violation of this Agreement, any HOA rules and/or any applicable statute, code, ordinance, law, order, rule or regulation. 6) You agree to remove all personal effects upon checking out of the Property. Any personal effects remaining on or in the Property will be deemed abandoned and will be used or disposed of, in the Manager’s discretion, at Your expense, without any liability of any kind to You. 7) Manager reserves the right, at any time, for any reason, without prior notice, to: (a) change prices, services and amenities without refund or price adjustment; (b) assign You to a comparable property without refund or price adjustment; and (c) cancel this Agreement, in which case You will receive a full refund of all amounts paid. 8) NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOUR FAILURE TO FULLY COMPLY WITH THIS AGREEMENT WILL BE GROUNDS FOR IMMEDIATE REMOVAL/EVICTION WITHOUT REFUND OF ANY AMOUNTS PAID AND LOCAL LAW ENFORCEMENT MAY BE CONTACTED WHEN APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU (A) WAIVE ANY RIGHTS TO RECOURSE AGAINST MANAGER FOR ENFORCING ANY PROVISION OF THIS AGREEMENT AND (B) AGREE THAT MANAGER IS ENTITLED TO PURSUE ANY AND ALL AVAILABLE LEGAL REMEDIES, AT LAW OR IN EQUITY, IN THE ENFORCEMENT OR DEFENSE OF THIS AGREEMENT, AS MANAGER ELECTS, IN MANAGER’S SOLE DISCRETION AND AGREE TO PAY FOR ALL COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED BY MANAGER IN CONNECTION THEREWITH. THIS PROVISION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 9) This Agreement constitutes the entire agreement between You and Manager pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether verbal or written. No modification of this Agreement will be binding unless in writing signed by You and Manager. Manager’s waiver of any term of this Agreement at any time will not be deemed a waiver on any other occasion nor of any other term. The provisions of this Agreement are severable, and if any one or more provision is determined by a court of competent jurisdiction to be invalid, illegal, not in conformity with applicable statutes, codes, ordinances, laws, orders, regulations and rules or judicially unenforceable, in whole or in part, that provision will be removed from this Agreement, or reformed/modified so as to be in accordance with such laws and regulations and the validity of the remaining provisions will not be affected and will continue in full force and effect. This Agreement and the obligations and rights herein may not be assigned by You and are legally binding on You and Your heirs, executors, administrators, and representatives. This Agreement may be executed, delivered and exchanged in person and/or through email, electronic, digital, facsimile or telephonic transmission, in any number of counterparts, each of which will be deemed an original and all of which, when taken together, will constitute one and the same document 10) GOVERNING LAW AND WAIVER OF JURY TRIAL AND CLASS ACTION: This Agreement and the rights and obligations of the parties hereunder are governed by and will be interpreted and enforced in accordance with the laws of the State of Ohio, without regard to any conflict of laws principles. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOU MAKE ANY CLAIMS AGAINST THE COMPANY NOTWITHSTANDING, THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU VOLUNTARILY, KNOWINGLY AND FREELY (A) AGREE THAT YOUR SOLE REMEDY AND MAXIMUM AGGREGATE RECOVERABLE DAMAGES FOR ALL CLAIMS WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO COMPANY UNDER THIS AGREEMENT; (B) AGREE THAT ALL CLAIMS MUST BE MADE ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, (C) AGREE THAT THE EXCLUSIVE VENUE FOR ALL CLAIMS LIES WITH THE FEDERAL AND STATE COURTS FOR OTTAWA COUNTY, OHIO AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE AND PERSONAL JURISDICTION OF THOSE COURTS, AND (D) AGREE TO WAIVE ALL LEGAL AND CONSTITUTIONAL RIGHTS TO A TRIAL BY JURY IN ALL CLAIMS ARISING UNDER THIS AGREEMENT. THIS PROVISION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. THIS IS A BINDING LEGAL DOCUMENT. IF ANY PROVISIONS ARE NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING. YOUR INITIALS ON EACH PAGE AND SIGNATURE BELOW CONFIRMS THAT: (a) YOU ARE AT LEAST 21 YEARS OF AGE; (b) YOU HAVE CAREFULLY READ, FULLY UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO FULLY COMPLY WITH ALL OF ITS TERMS, CONDITIONS, RULES, RESTRICTIONS AND OBLIGATIONS; (c) YOU ARE VOLUNTARILY, KNOWINGLY AND FREELY ENTERING INTO THIS AGREEMENT WITH THE FULL UNDERSTANDING OF ITS CONSEQUENCES INCLUDING, BUT NOT LIMITED TO THE INDEMNIFICATION, ASSUMPTION OF RISK AND JURY TRIAL AND CLASS ACTION WAIVER PROVISIONS; AND (d) YOU AUTHORIZE MANAGER TO CHARGE YOUR CREDIT CARD FOR ALL AMOUNTS OWED UNDER THIS AGREEMENT AND AGREE NOT TO DISPUTE THE SAME.