1. Owner hereby allows Guest for not more than time initially requested the exclusive use of the follows condo unit: The Flamingo; located at 1500 Bay Road, Unit TBD in Miami Beach, FL 33139, hereinafter referred to as “Condo”.

2. This Agreement shall be for a term commencing on Date: ( TBD ) at 2:30pm and terminating on Date: ( TBD ) at 10:30am. (Not to be used by anyone but client and said guests, this agreement is non-transferable). Late-Checkout requests would be considered only on the final day of reservation.

3. The terms and conditions of this Occupancy Agreement shall be considered null and void if not fully executed, signed, and returned within 3 days of today’s date.

4. Owner shall at his own expenses provide the following utilities or services.
a) Basic Utilities; Electric and Water (up to normal monthly spending).
b) High Speed Internet Connection
c) Digital Cable TV
d) Interior Maintenance Services (Plumbing, electrical, etc.)
e) Maid service is rendered after the your departure at a charge of $75.00 for 2.5 hours of work. Additional maid service may be required at $25.00/hour.

5. Guest Further Agrees:

a) Upon the expiration of this Agreement, the Condo being occupied shall be returned in its present condition, with minimal wear tear excepted.

b) This is not a rental/lease agreement; you are not given any legal right to be on this property aside from the your scheduled dates. An extension of your occupancy requires written permission from Owner.

c) The Guest designated to execute this Agreement understands and agrees to make all occupants and visitors aware of the terms, conditions and acknowledgements associated with the occupancy of the Condo. Said Guest assumes unconditional responsibility and full liability from any cause or action resulting from occupants and visitors who are not in full agreement, nor unconditionally accepts all such terms, conditions and acknowledgements . Said Guests further agrees to deny Condo and property access to any such person(s).

d) Guests shall permit Owners or their staff to enter the Condo at any reasonable time for any reasonable purpose including but not limited to; repair, improvement, maintenance and/or management of the Condo.

e) All Guests indemnifies and hold harmless the Owner(s), his firm, staff and associates free and clear of any claims, suites, expenses and liabilities arising from personal injury, property damage or wrongful death occurring in or around the above referenced Condo at any time during the terms of this Agreement, which was a direct or indirect result their own wrong-doing or negligence.

f) All Guests agree to utilize their own Renters, Travel and Medical Insurance. Guests agrees to indemnify, release and hold harmless the Owner, including but not limited to his firm, staff, agents, associates and suppliers from any accidents or incident due to the wrong-doing or negligence of the Guest. The Guests shall check the home for any hazardous areas that may not be fitting for children, including supervising pool activity since a life guard will not be present. Please be advised that you are responsible for all medical emergencies, drowning, slip and falls, any and all other injuries that may occur during your occupancy.

g) All Guests shall also make all children aware of condo and common area rules and regulations. Unsupervised children will not be the responsibility of the Owner to any extent.

h) Reservations made for minors, teenagers, and/or young groups will not be honored without an accompanying adult/chaperone staying in the unit at all times and as such are covered by Florida Statute 509.141, Refusal of Admission and Ejection of Undesirable Guest. Accordingly the parties agree and consent that conducts which falls under the parameters of said law should be sufficient cause for the ejection of the underage Guests by a law enforcement officer.

i) Guest waives their right and opportunity to inspect the Condo before occupancy and acknowledges that all furnishings and contents contained in the Condo are in new and/or good condition, and that Guests shall maintain them in such condition, and shall be responsible for all damage thereto. Should Guests discover any damage or defects to the Condo or furnishings, the Guests within twelve (12) hours of taking occupancy shall deliver specifics to Owner by written notice or email thereof. Unless such notice specifying defects and/or damage is delivered to Owner, then the retaining of Condo possession shall be conclusive evidence that the Condo was in good and satisfactory condition at the time such possession was taken. An inventory of the contents of the Condo (including furniture, furnishings, bedding, appliances, electronics, etc.) is hereto made a part of the agreement and can be provided to Guests upon requested.

j) In the event the Condo or Property is damaged or affected by fire, water or other unavoidable casualty (natural disasters, hurricanes, flood, etc.) as to be unfit for occupancy, at the discretion of the Owners, this agreement may be terminated, providing that all funds paid are refunded.

k) Owner will not be responsible for any personal belongings or any items of value left behind in the Condo or it’s premises. If found we will gladly ship it to you, at your expense.

l) This agreement shall have no force or effect unless both parties have executed and delivered to the other or fact of execution communicated in writing to other party by facsimile a copy of this Agreement and any signatures hereon shall be considered for all purposes as originals.

m) No pets are allowed in the Condo unless specifically approved in advance in writing by Owner.

n) If more than 8 people occupy the Condo at one time, it must be cleared in writing with the Owner

o) Guests shall comply with all building, zoning, and health codes and other applicable laws.

p) Guests shall not conduct any activity deemed hazardous, a nuisance, a disturbance, or requiring an increase in insurance premiums, nor conduct any illegal, immoral or improper activity anywhere on the property. All guests shall not allow or permit any disturbance, excessive noise, or any annoyance whatsoever.

6. CANCELLATION: For reserved dates more than 45 days in advance will be subject to a cancellation fee equal to half of your total reservations service rates. For cancellation within 45 days of reservation, all monies paid pursuant hereto are not refundable. By canceling your scheduled dates, you may be able to reschedule at a later date, but we cannot refund monies once dates have been booked and finalized. Please take this into consideration before booking any dates with us, as it would not fair to other potential Guests to tie up reservation dates without certainty of your arrival.

7. Upon default or expiration of the this Occupancy Agreement whichever occurs first, all Guests and Visitors shall quit and surrender the Condo hereby demised in a clean and presentable condition, in same good condition as it was received at the commencement of this Agreement. Guest may receive at the Owner’s discretion, a late Check-Out extension not to exceed three (3) hours. In the event that Guest stays past the allowed Check-Out deadline, Guest agrees to pay a $50/hour fine for each hour past the deadline time and will be responsible for any re-arrangements required for next expected Check-In Guest if any.

8. In the event that any action is brought against the Owner(s) as a result of Guest’s occupancy, the Guest shall personally liable for all costs incurred by Owner, including but not limited to, any remedies or judgments which may be awarded, as well as, reasonable attorney’s fees.

9. All towels and linens are to be picked up prior to departure and placed in one location. Towels are to be used to drying off only, never to as floor mats, cleaning up messes, and/or removal of make-up. If towels or linens are still stained after laundry service, the replacement cost will be deducted from security deposit. If any non-launderable contents of the condo is dirty, stained or soiled, and professional cleaning is required then the cost will be deducted from the security deposit; this includes but not limited to furniture, decorative pillow, bedding and rugs.

10. Check-Out Conditions – All trash is the responsibility of the Guest to dispose of in the trash chute. All dishes must be washed or run in the dishwasher. Any re-arranged furniture must be returned to their rightful position. Be sure to turn off the TV, cable box, stereo, etc.

11. Security Deposit – Deposit shall be held in accordance with F.S. 83.49 and returned or retained from Guest in conformity with the requirements of said law. A $500 security deposit will be held by the Owner as an option to offset any damages to the Condo or property as a direct result of Guest’s occupancy. The amount used to pay for any damages will be determined at the Owner’s sole and reasonable discretion. Damage receipts for items or repairs will be supplied to the Guest by the Owner as proof of repair or replacement. In the event that damages exceed $500, then Guest personally warrants being responsible for the excess loss and guarantees to pay the owner within 30 days establishing a determined amount. In the event that Guest feels Owner is not reasonable in his determination of damage amounts then Guest may, at Guest’s sole expense, pay for Appraisal (Said Appraiser must be approved of by the Owner at the Owner’s discretion) to determine the amount of damages. Any excessive work and/or time involved in restoring the condo to its usual condition will be subject to a $15 hourly rate. This rate is not inclusive of any other professional services that may be required. In the event there is no damage to property, Owner shall refund said $500 deposit via USPS Mail or refunded back to credit card, within 10 business days of the termination of this Agreement. NO EXCEPTIONS.

12. NON SMOKING UNITS – This is a non-smoking Condo for many reasons. Primarily to prevent the Condo’s décor, art, furnishings, and general contents from absorbing the odor and discoloring affects resulting from the bi-products in cigarettes and cigars. If smoked in, the owner will have the right to evict all Guests from the Condo immediately. Please understand that this is a large part of the agreement and will be binding. You will lose your deposit in full if this clause is breached.

Please note: You are inquiring about particular dates for your Miami Beach accommodations. Those dates are not guaranteed and your reservation is not finalized until this occupancy agreement is completed properly and returned with the appropriate required funds.