TENANT VACATION RENTAL AGREEMENT

1. AGREEMENT: Mary Freiberg (Owner), the homeowner, and Tenants agree as follows: Tenant is over the age of 21 and will be an occupant of the unit during the entire reserved period. Other occupants will be family members, friends, or responsible adults. Use of the premises will be denied to persons not falling within the foregoing categories, and as a result they would have to vacate the property immediately without any refund. No keys will be issued to anyone who is not an adult. Furthermore, for unforeseeable reasons, if a vacation home becomes unavailable, even if you have reserved it, due to circumstances beyond our control (house being sold, damaged, double booked etc.) OWNER will make its best effort to offer other accommodations if available. If not available, we will issue a full refund.

2. PETS: We understand pet owners enjoy traveling with their pets, however, pets are not accepted. Violation of this condition of the rental agreement will result in complete forfeiture of deposit as well as possible immediate eviction. Should pet owners or their guests violate this agreement and their pet is involved in any way with disturbances within the community, including the harassment, harm or nuisance of or to animals, humans, property or other unforeseen situations, the RENTER is solely responsible for full financial and moral liability inflicted regardless of circumstances. Furthermore, should the RENTER violate this agreement RENTER must maintain physical control of the pet at all times, and NEVER leave a pet unattended, if at any point the pet is left unattended, you must kennel or find alternative solutions rather than leaving the pet alone and loose at our property. Pet owners accept full responsibility and liability for damages to the property from a pet. The Owner will be held harmless from any act resulting in harm to your pet, another animal or person. Any complaints from neighbors regarding excessive noise or other nuisances may be cause for immediate eviction.

3. DAMAGE INSURANCE: A minimum Damage Deposit of $500 will be collected at the time of reservation and will be considered upon receipt as a hold for the desired reservation period. This damage deposit may be increased depending upon size of reserved occupancy or other prearranged event. The Property Manager will provide a quote at time of reservation request. The person(s) whose name is on the reservation will be responsible in full for any damages incurred. HomeAway/VRBO offer additional damage insurance through the online booking website which is completely independent from the Damage Deposit listed previously. The Owner is not affiliated nor is bound to restrictions or limitations imposed should renter purchase additional Damage Insurance.

4. PAYMENT SCHEDULE AT TIME OF BOOKING: Reservations due in full at time of reservation. For reservations with an arrival date more than 60 days in the future prior payment arrangements must be made with the Owner or Property Manager. All rental costs must be paid in full by the due date and no later than 30 days from occupancy date. For reservations made within 30 days from occupancy, payment is due in full upon reservation.

5. CANCELLATION: Should you wish to cancel this reservation, notice of cancellation MUST BE IN WRITING AND RECEIVED MORE THAN 30 DAYS PRIOR TO YOUR CHECK IN DATE. We will refund the sums you have paid for cancellations if received more than 30 days. If your notice of cancellation is RECEIVED LESS THAN 30 DAYS PRIOR TO YOUR CHECK IN DATE, you will forfeit 100% of the sums paid unless we are able to re-rent the property to someone else, at the same rate, for the same period. NOTE: The Cancelation policy displayed on the reservation system may not coincide with the policy as outlined above. The cancelation policy outlined in this agreement is the OWNERS only cancelation policy and shall override any other listed on the reservation systems.

6. CHECK IN: Check in time is 4:00 PM. Early check in times are allowed only when the property is cleaned and ready for occupancy and prior approval is required.

7. CHECK OUT: Check out time is 11:00 AM. If you would like a later checkout time, please ask a minimum of 24 hours before check out and we will accommodate you if possible, depending on reservation schedules. Renters who fail to notify the OWNER or his AGENT prior to checkout and extend their departure beyond the posted CHECK OUT time may be charged a late checkout fee of $100 per hour.

8. CLEANING: Each property will be inspected, sanitized and cleaned after your departure. The cleaning fee will provide for one garbage bag of trash and normal cleaning so that you can enjoy your vacation up to the last moment. HOWEVER, YOU ARE REQUIRED to leave the property in the same general condition that you received it by making sure dishes are cleaned and put away, linens and towels are laundered or in process of laundering and the home is generally picked up and ready to be vacuumed, dusted and sanitized.

If additional garbage and/or cleaning are required, appropriate charges will be deducted from your Damage Deposit at the rate of $30 per hour.

THIS HOME IS NON-SMOKING. If there is evidence of smoking inside the house, you will be charged an additional $150.

9. TELEPHONES: Telephones may be used to make local and US only long distance calls.

10. WHAT WE SUPPLY: The property is equipped and set up as a fully furnished property that will include bedspreads, linens, blankets, pillows, towels, as well as a fully equipped kitchen. THERE WILL BE EXTRA CHARGES TO YOUR SECURITY DEPOSIT OR CREDIT CARD FOR REPLACING THESE ITEMS IF FOUND TO BE NECESSARY.

11. WHAT YOU SHOULD BRING: Plan on packing your personal toiletry items and food items for your stay.

12. TENANTS LIABILITY: Tenant agrees to accept liability for any damages caused to the property (other than normal wear and tear) by Tenant, Tenants guests and Tenants, including, but not limited to, landscaping, misuse of appliances, and/or equipment furnished. If damages are in excess of the security deposit being held and/or are not covered by damage insurance if purchased, Tenant agrees to reimburse Mary Freiberg the homeowner for costs incurred to repair/replace damaged items.

13. SLEEPING CAPACITY/DISTURBANCES: Tenants and all other occupants will be required to vacate the premises and forfeit the rental fee and security deposit for any of the following: A. Exceeding occupancy specified during reservation booking of adults and children. B. Using the premises for any illegal activity including, but not limited to, illegal drug manufacturing, sale, or consumption by minors; the possession, serving or consumption of alcoholic beverages by or to persons less than 21 years of age. C. Causing damage to the premises rented or to any of the neighboring properties. D. Any other acts which interferes with neighbors' right to quiet enjoyment of their property. E.) Violation of the 10:00 PM Noise rule.

14. HOLD HARMLESS: The homeowner does not assume any liability for loss, damage or injury to persons or their personal property. Neither do we accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, electricity or plumbing. Nor will the homeowner accept liability for any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond its control. This property is along the ocean bluff. Do not go near the edges and do not allow children or pets to roam the property unattended.

15. PATIOS, FIREPLACES, EXERCISE EQUIPMENT, & RECREATIONAL EQUIPMENT WHICH INCLUDE, BUT ARE NOT LIMITED TO BICYCLES: Tenant hereby acknowledges that if the property reserved includes any of the previously listed item, the undersigned is fully aware that the use of those items can be dangerous and that injury is likely to occur to anyone who is not careful. Children should never be left unattended. Tenants should observe and adhere to all rules and policies as posted at the property. With full knowledge of the above facts and warnings, the undersigned accepts and assumes all risks involved in or related to the use of all of the listed items.

16. ADDITIONAL TERMS AND CONDITIONS: The tenant, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges OWNER and/or Property Manager from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the RENTER, or any of his/her guests as a result of, or in connection with the occupancy of the premises and agrees to hold Owner and/or Property Manager free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

17. Payment by Credit Card through the Seadance website or HomeAway Payments: (See HomeAway Terms and Conditions and Privacy Policy) This acceptance confirms authorization for Mary Freiberg to charge Credit Card Account for the Required Security Deposit and the required down payment to confirm the reservation, and then subsequently the remaining balance to complete the full payment of said reservation if applicable. Also note that your credit card will be charged any excess charges if deemed necessary from any damages, or by damages not covered by the damage insurance policy (if the policy was purchased).

18. PAYMENT BY CHECK/ECHECK: If the Tenant pays by check or echeck (Check) rather than credit card, and the check is returned for NSF there will be a $75 service charge. Keys will not be issued until the check has successfully cleared the bank. Checks should be made payable to Mary Freiberg.

19. INTERNET: This property may include Internet service free of charge, for a fee or both. The use of Internet at this property is a luxury and not a right. Refer to the welcome packet for best practices on Internet to avoid excessive bandwidth usage.
Tampering in any manner with the Internet service, including cable, router, modem, software or other hardware is expressly forbidden. At no time shall any resets to the hardware be authorized. This Internet network may be monitored remotely and should the network administrator determine unauthorized handling or use has or is occurring reserves the right to block all users from the network for an undetermined period of time. Additionally, if it is determined that any portion of the internet/VOIP components, network or software has been manipulated, the OWNER or his AGENT reserve the right to take appropriate action including forfeiture of deposits, eviction or legal action. If at any time the network provider notifies the OWNER or his AGENT of illegal use of the network, the Network Administrator will surrender all data relating to the offending user to the appropriate authorities for further legal action.
Terms and Conditions of Internet Use:
By using our Internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction of viruses and other programs that can corrupt or damage your computer.
Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.
Examples of Illegal Uses
The following are representative examples only and do not comprise a comprehensive list of illegal uses:
1 Spamming and invasion of privacy - Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
2 Intellectual property right violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
3 Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
4 The transfer of technology, software, or other materials in violation of applicable export laws and regulations.
5 Export Control Violations
6 Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
7 Uttering threats;
8 Distribution of pornographic materials to minors;
9 Child pornography.

Examples of Unacceptable Uses
The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:
1 High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e.torrents)
2 Obscene or indecent speech or materials
3 Defamatory or abusive language
4 Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
5 Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
6 Facilitating a Violation of these Terms of Use
7 Hacking
8 Distribution of Internet viruses, Trojan horses, or other destructive activities
9 Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
10 Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
11 The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
12 Seeking information on passwords or data belonging to another user.
13 Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
14 Intercepting or examining the content of messages, files or communications in transit on a data network.

PLEASE REMEMBER THAT YOU ARE RENTING A PRIVATE HOME. PLEASE TREAT IT WITH THE SAME RESPECT YOU WOULD LIKE SHOWN TO YOUR OWN HOME. By checking the box "I have read and agree to the rules and restrictions" on the reservation/booking page and reserving this rental, or by confirming a reservation outside of the online reservation system with the OWNER or his AGENT, you and your party are accepting the above terms and agree that this contract is binding.