Dancin' With Waves

THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTHCAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND

YOUR INTENT TO USE THIS PROPERTY AS A VACATION RENTAL.

*If trip interruption insurance is not desired, deduct cost from Total above and initial here: .

NOTE: Tenant's decision with respect to the purchase of trip interruption insurance will affect Tenant's rights in the event of a mandatory evacuation. See Paragraph 12 below. (For a complete description of the Travel Insurance Policy please follow the link: www.travelguard.com/astp ) **Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.

1. Premises. (Description of individual house entered here).


2. Term. (Description of dates and times entered here).


3. Rent. Tenant agrees to pay rent for the Premises in accordance with paragraph 4 below.


4. Financial Terms. (Description of individual rental entered here)


5. Disbursement of Rent and Third Party Fees. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in paragraph 3 above to the owner (or as the owner directs) prior to Tenant's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be retued by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes Agent to disburse prior to Tenant's occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, Transfer or cancellation of Tenant's tenancy.


6. Accidental Rental Damage Insurance (ARDI). ARDI is a non-refundable Fee which protects you from accidental damage to leased premises or contents during your stay. This Fee is mandatory and takes the place of a Security Deposit. A complete description of the ARDI can be found by following the link below: http://content.travelguard.com/adx/aspx/adxGetMedia.aspx?DocID=18852 PLEASE READ IT CAREFULLY.


7. Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with Towne Bank of Curritucklocated atMoyock, NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.


8. Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or govemental regulation. Tenant's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant's tenancy.


9. Agent Duties. Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.


10. Cancellation. In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less an administrative fee of $75.00 if the premises are re-rented on the terms set forth herein. If the Premises are not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. Whether or not the Premises are not re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation.


11. Transfer of Premises. (1) If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee's agent is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee's name and address, and the date the grantee's interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) of (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement.

1. Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner's successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner's successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.


2. If the owner's interest in the Premises is involuntarily transferred prior to Tenant's occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.

1. Mandatory Evacuation. If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent.** To protect your investment, Karichele Realty recommends that you purchase the optional travel/lodging protection plan, provided by Travel Guard, Inc. and for your convenience we have included the fee for the protection plan in the total amount due within 10 days. The plan covers certain unexpected illness, injuries, and other unforeseen reasons for trip interruption and/or cancellation. Once your reservation has been made, you will receive a brochure explaining in detail all circumstances covered. Cost for coverage for a trip of 0-180 days is 7% of base rental amount plus taxes and processing fee (rates subject to change). No coverage is available unless payment has been made for this plan. Coverage begins the day after Karichele receives your payment for this plan, which is included in your initial payment. Note: If you choose not to accept the insurance, simply initial the space provided on lease agreement and strike through and deduct travel insurance amount from deposit due. Travel insurance can only be declined within the 10 days following receipt of the lease. Payment is made to Travel Guard, Inc. when deposit is received by Karichele Realty, and, therefore cannot be refunded after that point even if the reservation is cancelled. Karichele Realty encourages taking the travel insurance for protection against unforeseen circumstances and/or hurricane evacuation, as no refunds will be made by Karichele Realty.


2. Expedited Eviction. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant's tenancy has expired; (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.

14. Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.

2) OCCUPANCY: Each home listing includes a statement of maximum occupancy (babies in cribs are not included). Maximum occupancy must be strictly adhered to. All rentals are to family groups only, no sororities, frateities or other non-family groups are permitted without the express permission of the homeowner or Karichele Realty. Leaseholder must be at least 24 years of age and able to provide a valid driver’s license upon request. Leaseholder must be in occupancy at all times during the period of the lease. IF ANY HOME IS FOUND TO EXCEED THE MAXIMUM OCCUPANCY OR FAMILY GROUP RESTRICTIONS OR TENANT FAILS TO COMPLY WITH ANY LAWS OR REGULATIONS, TENANT WILL BE EVICTED WITHOUT REFUND.

3) ACCOMMODATIONS: a) All homes are individually owned and fuished to the taste of the owner. Each home is equipped with basic housekeeping items such as pots, pans, dishes, glasses and flatware. Tenants must provide their own bed linens (unless otherwise noted in property description), towels, food items, paper and cleaning products. Every effort has been made to list extras included in homes; however, Karichele Realty is not responsible for changes made by owners or errors in any advertising. b) Any damages to the home or its contents during occupancy are the responsibility of the Tenant and must be immediately reported to Karichele Realty and paid for prior to departure. TENANT AGREES TO LEAVE THE HOME IN AS GOOD OR BETTER CONDITION AS WHEN FOUND.

CANCELLATIONS/TRANSFERS/REFUNDS: 1) A fee of $75 will be charged if you cancel or transfer your reservation. All cancellations or transfers must be made in writing to Karichele Realty. In the event of a transfer/cancellation, Karichele Realty will make every effort to re-rent the property. If the cancelled or transferred period cannot be re-rented, all monies shall be forfeited unless covered by the travel protection insurance.

2) Karichele Realty will not be responsible for cancellations due to non-completion of a property. All monies paid prior to the cancellation will be refunded and the contract cancelled with no liability to tenant or Karichele Realty.

3) By entering into a contract to rent a property, you have legally obligated yourself to that property for the specified period of time. Without exception, Karichele Realty will not compensate, relocate, or otherwise relinquish your contractual obligation due to maintenance issues/problems or your personal aversion to a property. Karichele Realty will not be held responsible for noise or loss of view due to construction and NO REFUND will be made.

4) TV’s, VCR’s, stereos, and other entertainment equipment are provided by many owners as extras. In the event of malfunction or breakdown, every effort will be made to expedite repair, but Karichele Realty does not guarantee repair or replacement and NO REFUNDS will be made. This NO REFUND policy will also apply to A/C, pool, hot tub, or any other household equipment due to mechanical failure, power outage, Cable, TV or Satellite service breakdown. However, if you incur difficulty with any equipment, please notify us immediately.

5) Karichele Realty will not be held liable for circumstances beyond our control including inclement weather, evacuation due to hurricanes, flooding, or other natural disasters, and NO REFUND will be made. Travel protection insurance is offered and has been made a part of your reservation. To decline this coverage, you must cross through the amount; deduct the cost from the total and initial in the space provided.

1. Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant's breach of this provision shall be considered material, and shall result in the termination of Tenant's tenancy.** Pet fees are $125 plus applicable tax unless otherwise stated in individual house description.


2. Other Terms and ConditionsPROPERTY RULES AND REGULATIONS: 1) CHECK-IN/CHECK-OUT: Check-in time will be 4 PM on the day of arrival at the office of Karichele Realty, however, we reserve the right to extend the check-in time to 6 PM, if necessary, to allow extra time for cleaning or maintenance. No keys will be given out prior to 4 PM unless you have previously made arrangements for an early check-in. A limited number of early check-ins (1 PM) are available upon approved request. The fee for early check-in is $50 plus tax. This fee applies whether or not you arrive by the designated time. Certain services and maintenance items may not be completed prior to early check-in (pools & spas, bed-making, etc.) and will be completed during the afteoon. Early check-in is not available at all times in all properties and must be requested and approved by the Karichele office. If for some reason you will be arriving after 6 PM, please call us. ALL CHECK-INS (with NO balances due) AFTER 6 PM WILL HAVE KEYS AND DIRECTIONS LEFT FOR THEM IN THE DROP BOX AT THE FRONT DOOR OF THE OFFICE. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK-IN. Check-out on the day of departure will be no later than 10 AM. Any departure after 10 AM is subject to a charge equal to one day’s rent. Tenant must retu all keys to the Karichele Realty office on check-out day. There will be a $10 charge to Tenant for any key not retued. Home must be left in satisfactory condition as described below or additional charges will be due from the tenant.


3. Addenda. Any addenda to this Agreement are described in the following space and attached hereto: A) Each confirmed reservation is subject to a $50 (plus tax) reservation fee. This non-refundable fee is due with your first payment and will be retained by Karichele Realty, even if the reservation is cancelled. Signed Reservation Confirmation and Lease Agreement along with your deposit (1/2 of the gross rent plus Reservation Fee, Security Deposit Protector Fee, Early Check-in Fee and Pet Fee if applicable and optional Travel Insurance) must be received by Karichele Realty within 10 days of date on contract. Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.

B) The balance due, including all taxes (which are subject to change), and any additional fees must be received by Karichele Realty thirty (30) days prior to check-in and/or occupancy of the premises. Karichele does not send a reminder of your second payment so be sure to mark this on your calendar. Allow five (5) days for mailing. IF BALANCE IS NOT RECEIVED THIRTY (30) DAYS PRIOR TO CHECK-IN, RESERVATION WILL BE CANCELLED.

C) Payment may be in the form of personal check, money order, bank wire transfer, certified or cashier’s check. If you prefer, you may also pay by Mastercard or Visa. For this convenience, you will be charged a $39.95 non-refundable convenience fee.

D) For reservations made less than 30 days from check-in, all monies are due immediately. NO PERSONAL CHECKS OR COMPANY CHECKS WILL BE ACCEPTED WITHIN THE 30 DAY PERIOD PRIOR TO CHECK- IN.

E) PHONES: For your convenience and safety, all homes are equipped with telephones. Unlimited local calls may be made at no charge. Any long distance calls must be charged to your home phone or credit card. THERE WILL BE A ONE TIME $25 SERVICE CHARGE TO TENANT, IN ADDITION TO ANY LONG DISTANCE TOLLS, FOR ANY CALLS BILLED TO THE RENTAL PHONE.

F) 4-WHEEL DRIVE: Homes designated as accessible by 4 wheel drive only require a high clearance 4 wheel drive vehicle such as Ford Explorer, Jeep, etc. If you are unclear regarding your vehicle, please call the Karichele Realty office for further information prior to signing this agreement. KARICHELE REALTY IS NOT RESPONSIBLE FOR TRANSPORTING TENANTS TO OR FROM 4 WHEEL DRIVE HOMES. KARICHELE REALTY WILL NOT PAY ANY TOWING BILLS INCURRED BY TENANTS.

G) WATER: Although the water in our homes is safe for drinking, color, taste and odor may vary. Due to the size of wells water pressure is low. Tenant may wish to purchase bottled water for drinking, at tenant’s expense. Every effort has been made to insure the best water quality possible, however these conditions are beyond the control of Karichele Realty or the homeowner and no refunds will be made.

H) POOL & SPA (HOT TUB) RULES: Tenant in any home equipped with a pool/hot tub must agree to the following rules.

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   1. Amenities are to be used at your own risk. In the event of emergency dial 911.
   
   
   2. No diving, running or reckless play allowed.
   
   
   3. No swimming alone. Do not leave children unattended; they must be supervised at all times.
   
   
   4. Pets are not allowed in pools or hot tubs at any time.
   
   
   5. Keep all gates and closures closed at all times.
   
   
   6. No glass containers are to be used in or around pools or hot tubs.
   
   
   7. Please shower before using pool or hot tub to alleviate sand and body oil problems.
   
   
   8. Do not add any chemicals or other agents to pool or spa.
   
   
   9. Pool equipment is to be used for its intended purpose only.
   
   
   10. Do not tamper with any equipment such as pool pump, etc.
   
   
   11. Hot tub covers are the responsibility of the tenant, they should be on the tub and strapped down when tub is not in use.
   
   
   12. Pools and hot tubs are cleaned on tuover day, chemicals and chlorinating are monitored regularly for your safety. Pools are open May 2^nd - October 9^th and corresponding rates apply – this is not an option. Hot Tubs incur an additional $100+tax ($120+ tax for 4x4 homes) charge for use in the months of December to April.
   
   
   13. Occasionally, pools and hot tubs may experience a mild ground current, which can feel like a tingle or small shock. Generally this is not a pool/hot tub defect or the rental house electrical system, but appears as a result of the earth’s own natural current. Please be advised that this may affect the operation of pacemakers and other devices.
   
   
   
   

I) GRILLING, BEACH FIRES AND FIREWORKS: Grilling on any decks, porches, or close to any portion of the home is prohibited by local fire ordinance. Beach fires are not permitted. Most fireworks are illegal on the Outer Banks, and all fireworks are banned from use on our properties.

J) JURISDICTION: This Agreement shall be goveed by and interpreted in accordance with the law of the State of North Carolina and be treated as though it were executed in the County of Currituck. Any action relating to this Agreement shall only be instituted and prosecuted in courts in North Carolina. Tenant Consents to such jurisdiction and to extraterritorial service of process.