Guest must acknowledge that while we love and welcome children, you, as the registered guest, are 100% responsible for cleaning up after and ensuring the safety of all kids. This house is NOT childproof; there is an open pool, unguarded electrical outlets, breakables, cleaning chemicals, choking hazards, and other issues which may prove hazardous to kids. By booking, you acknowledge and accept responsibilities and facts, warnings, and consequences in this disclosure.

Mermaid Bay is a fully licensed & Certified Short-Term Vacation Rental Property. It is not subject to Chapter 83 of the Florida Statutes that comprise Landlord and Tenant Law. The property’s use and forfeiture of use is governed by Florida Statutes that regulate Transient Public Lodging Establishments.

The Rental Agreement outlined below (“Agreement”) is a legally binding contract entered into as of the Reservation Date by and between the Renter (or “Guest”) and Beachday Properties Inc. and Mermaid Bay owners (“Rental Agent”), pursuant to which the Guest has agreed to rent the whole home & it’s contents (excluding the garage, attic, locked cabinets, and closets marked “no guest access”), herein described as the “Property” or “Mermaid Bay,” for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein. Your initial booking deposit is considered a legal and valid agreement to the terms outlined herein.

Renter must meet the minimum age requirement of 25 to book this property.

The ID you use for booking the reservation must match the credit card you use to pay. No third party bookings are permitted. Property cannot be rented for someone else if the person making the booking will not be staying at Mermaid Bay OR not staying throughout the entire duration.

OCCUPANCY: Guest acknowledges and agrees that city code and fire safety laws restrict occupancy to no more than 12 persons. Number of guests in the Rental Agreement must include all adults and children. Guest and all Guest’s visitors & guests shall comply with the same conditions and restrictions imposed upon Guest under Short Term Rental Agreement. Extra overnight guests not listed before arrival will incur extra fees. If notice is provided in time, we’ll happily provide extra towels and other essentials.

SECURITY: There are exterior, outward facing security cameras on the property and they are operational 24 seven. There are no interior or interior facing cameras. They have tamper alarms. Anyone who tampers with the cameras either by unplugging, covering, or repositioning them will be immediately escorted off the property with no refund. Guests are responsible for keeping vehicle & house doors locked. We are not responsible for loss of property.

NOISE: Quiet time is regulated by ordinance of the City of Deerfield Beach. It is in force from 9pm to 7am every day. Daytime family-style gatherings and barbeques are permitted. Loud music, loud profanity, late or loud parties, and excessive disruption or noise that would be disrespectful to the neighbors is very strictly prohibited; violators will be escorted off the property without refund and subject to the $300 event fee that is charged for parties, as well being subject to any associated fines that may be imposed by the city or county.

ANIMALS: Unless otherwise agreed to in writing, no animals are permitted on the property. If evidence of any unapproved/undisclosed animal presence is discovered, including an animal owned by someone other than the guest, Guests will be subject up to a $100 per day animal fee and may be required to vacate the property immediately, with the rent and deposit money forfeited. FLORIDA LAW CS/SB 414 classifies misrepresenting a dog as a service animal as a second degree misdemeanor, punishable by a $500 fine & 60 days in jail.

If an animal is approved in advance, all adult Guests staying at Mermaid Bay will be required to sign a separate Waiver in person, which outlines the risk, rules, & responsibilities to which the owner and animal must abide. This waiver is available upon request for review before booking. Guests with Service animals are required to sign and abide by the same rules as permitted pets. Pet fees are collected in person at the time of arrival.

At no time will the following breeds ever be permitted on the property: any breed or mix of Pitbull (such as Staffordshire Terrier, American Bull Terrier, and the like), Chow Chow, Doberman, or Rottweiler.

PARKING: No parking on the grass. Parking is limited to the driveway and curb directly in front of the house only, which can very easily fit 4 cars. Street parking in front of the neighbors’ houses is very strictly prohibited.

PLUMBING: Tampons & personal wipes must be disposed of in the trash. Even the “flushable” kind- they will most definitely clog the toilet and render the bathroom unusable until we can get a plumber. Plumbing fees associated with a clog caused by the use of anything other than toilet paper will be charged to the guest.

NO GLASS ON THE PATIO. Plastic dinnerware is provided in the cabinets.

NO SMOKING OR CANDLE LIGHTING PERMITTED: If evidence of indoor smoking is discovered, an additional $300.00 cleaning fee to remove the smell will be required.

Mermaid Bay is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in Mermaid Bay, such as internet, Wi-Fi, internet TV access, pool, propane grill, etc., and all other listed or pictured amenities as applicable. Rental Agent shall not be held responsible for such listed items' failure to work, but will make every effort to correct any issues or replace non-working items as quickly as possible.

Owner or Rental Agent must be notified immediately upon the discovery of any unacceptable condition, and it will be rectified as soon as possible. General condition of the property is considered ‘acceptable’ upon spending the first night on premises.

HOUSE RULES: House Rules are posted in the Mermaid Bay Guide and are transmitted to guests via the booking app and/or via email. All guests are expected to abide by the posted rules.

CONDITION AND SAFE USE OF PROPERTY: Guest acknowledges that there is no pool alarm or any pool security on the Property, and that guest is solely responsible for his or her own safety as well as that of any children and visitors. Mermaid Bay is not childproof. There are breakables, toxic cleaning materials, choking hazards, unsecured electrical plugs and cabinets, and many other hazards within reach of small children. Parent/Guardian/Guest assumes all risk. Children must never be left unattended.

Use of any amenities (for example, the stove, pool, grill, pool chair, pool toys, etc.) on any part of the property may be dangerous and involve potential risks if improperly used, particularly with regard to children. Such use is solely at the Guest’s own risk and responsibility. Guest shall use Mermaid Bay for Residential purposes only and in a careful manner to prevent any damage or loss to Mermaid Bay. Guest agrees to keep the property in clean and sanitary condition at all times. Guest shall not use Mermaid Bay for any immoral, offensive, or unlawful purpose, nor violate any law, rule, or ordinance, nor commit waste or nuisance on or about Mermaid Bay.

Please do not rearrange the furniture or accessories. You will be charged a mover's fee of $350 to rearrange furniture back to its place in addition to being held responsible for damage. The table in front of the fold-out couch isn’t subject to this restriction.

Please keep the outside gate closed, latched, & blocked to prevent outside access to the pool by children & pets.

CHECK IN CHECK OUT: Access to the home is obtained via keypad code, which becomes activated at check-in time, and deactivated at check-out.

Guests are expected to check out on the agreed upon date made at the time of booking. Check in is any time between 3:00 PM & 10PM local time and check out is at or before 10:00 AM local time. Other times may be arranged in advance, in writing, which includes text or app messaging.

Because we normally have same-day turnovers, we have to accomplish an immediate, expeditious turnover so as not to inconvenience the next guest. If you need a late checkout or early check-in, please ask. Unless otherwise pre-arranged, late check-outs are subject to docking of the deposit beginning 10 minutes past 10:00AM local, a fee equal to two (2) times the daily rate of an overnight stay plus taxes, guest fees, in addition to any legal expenses required to get you to leave. Because we normally have same-day bookings, we have to accomplish an immediate, expeditious turnover so as not to impede access or inconvenience the arriving guest.

TRASH: Guests are expected to put all trash into trash cans and towels & bedding into the laundry room before departure. Please leave remaining food for the housekeepers to handle. Dirty dishes must go into the dishwasher, do not leave them anywhere else.

SECURITY DEPOSIT: Security/Rental Deposit (as applicable) will be refunded less than 14 days after check-out if there are no damages, losses, or excessive cleaning required. Excessive cleaning, for example, could entail having to paint or patch a wall, clean a seat cover or carpet stain, remove the smell of smoke, or flea remediation, or hiring specialized help to clean an extraordinary or biological mess. Any such biological mess will be subject to a $350 cleaning fee, in addition to a possible replacement cost of the item. Fees such as those outlined in this agreement for excess cleaning, moving furniture, plumber’s fees, missing/damaged items etc., that combine to a total that is in excess of Airbnb/Security Deposit limits will be pursued in Civil Court in Broward County Florida.

TRAVEL INSURANCE: We HIGHLY RECOMMEND obtaining your own Travel/Cancellation Insurance and/or Renter’s Insurance for your trip. Just as with any other travel plan or vacation, cancellations may occur due to sickness, accidents, community lockdowns, severe health or weather events or forecasts, such as with hurricane warnings, impact, or aftermath. It’s very rare, but official, mandatory evacuations do happen, and when they do, you are required by law to evacuate the property. Rental Agent does not offer coverage or refunds beyond the cancellation policy to compensate for the cost or inconvenience that such unforeseen events can have on vacation plans.

FAILURE TO COMPLY: If Guest, Guest's family, Guest's guests, Guest's animal(s), or Guest's visitors damage the property or fail to comply with the conditions and obligations of this Agreement, Guest shall immediately surrender the Property, remove all personal belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made, and the Rental Agent shall be entitled to damages, reimbursement, and legal fees from the Guest for all costs and lost revenue incurred, without regard to the security deposit already made. The amount of the security deposit does not limit Guest's obligation to reimburse the Rental Agent for damages, fees, and costs.

RISK OF LOSS AND INDEMNIFICATION: Guest agrees that all Guests’ personal property, furnishings, personal effects, animal(s), and other items brought into Mermaid Bay by Guest or Guest’s family or Guest’s guests shall be at the sole risk of Guest with regard to any theft, damage, destruction, injury, sickness, death, or any other loss, and Rental Agent, Beachday Properties inc. and/or Mermaid Bay property owner and/or their agents, family, successors, assigns, employees, or representatives, shall not be responsible or liable for any reason whatsoever.

Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent, Beachday Properties Inc, Mermaid Bay owner and their family, successors, assigns, employees, contractors, or representatives from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney’s fees incurred by Guest, Guest's family, Guest's guests, Guest's visitors, Guest's animals, or agents, representatives, family, close friends, fiancées, partners, or successors of Guest due to any claims relating to loss, damage, or destruction of property, injury to persons or animal(s), or loss of life sustained by Guest, Guest's family, Guest's animal(s), and/or Guest's visitors in or about Mermaid Bay.

Guest expressly agrees to save and hold Rental Agent, Beachday Properties Inc. and/or Mermaid Bay property owner and their family, successors, assigns, employees, contractors, or representatives harmless in any and all such cases. Guest assumes all risk and responsibility upon agreement to and payment for the Rental Property.

RELEASE: Guest hereby waives and/or releases any current or future claims against Rental Agent, Beachday Properties Inc. and/or Mermaid Bay property owner and their agents, family, close friends, fiancées, successors, assigns, employees, neighbors, or representatives, officially or otherwise, for any injuries, losses, sicknesses, or death that may be sustained by Guest, Guest's family, Guest's animal(s), or Guests' visitors on or near or adjacent to Mermaid Bay, including any common or private facilities, activities, or amenities. Guest agrees and accepts that use of any such facilities or amenities is entirely at the Guest’s own initiative, risk, and responsibility.

ENTRY AND INSPECTION: Owner reserves the right to enter Mermaid Bay at reasonable times with reasonable advance notice for the purposes of inspecting or maintaining the property. If Rental Agent has a belief that there is imminent danger to person or property, or that the house is being used for a party, trafficking, or any other unauthorized or illegal purpose, Rental Agent may enter Mermaid Bay without any advance notice.

UNAVAILABILITY OF PROPERTY: Availability is real time and could change after a quote is given but before a deposit is paid. Property is not reserved until deposit is paid and booking is accepted. If Mermaid Bay becomes unavailable during the Rental Term due to personal, unforeseen events or circumstances, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds Mermaid Bay with respect to capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property can’t be found, Rental Agent shall offer to rebook during another time period acceptable to Guest. If none of these conditions can be met, then Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

Reservations made under false pretenses (for example using fake names, fake ID, fake credit card information, or false number of guests) will be deemed canceled and everyone in their party will be denied entry to Mermaid Bay; if Guests are already checked in, their stay will be terminated and they will be required to vacate the property immediately. No refund of any kind will be given under such circumstances.

GENERAL PROVISIONS: This Short Term Rental Agreement contains the entire agreement between the parties with regard to the rental of Mermaid Bay, and any changes, amendments, or modifications hereafter shall be void unless the same are in writing and signed by both the Guest and the Rental Agent, such as any rules & conditions that are agreed to in the Animal Addendum if the Guest seeks permission for an Animal. This Agreement shall be governed by the Short-Term Vacation Rental Statutes of the State of Florida. The words “Rental Agent” and “Guest” shall each include their respective heirs, family, close friends, fiancées, partners, and/or any other successors, interested parties, and/or representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected.

NOTICE: Any notice required to be given under this Agreement shall be in writing and given in person and/or sent to Guest’s known contact information via email or text. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument.

ATTORNEYS' FEES
In connection with any litigation, including appeals, arising out of this agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees.

SEVERABILITY: The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement only to the extent of its unenforceability and invalidity. Therefore, this entire Agreement shall be interpreted and enforced as if it did not contain the said clause to the extent of its unenforceability and invalidity.

Execution of initial payment for booking shall be deemed equal to a valid legal signature and constitutes agreement to all of the terms outlined in this agreement.