Terms and Conditions
1. Acts of God. No refunds will be given if there is a storm or severe weather (i.e. hurricane, earthquake, forest fire) even if a mandatory evacuation order has been given. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
2. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party, Booker, Guest(s)’s or Visitors while in the Property or on the Property, Including Lake/lake access points. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of the Booker, Guest(s)’s visitors. Booker agrees to assume the risk of any harm arising from use of the Property.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST(S) OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST(S)’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
3. Indemnification. Booker acknowledges that the use of the Property by the Rental Party and Guest(s)’s visitors is entirelyat their own risk. Guest(s will indemnify and hold harmles Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, including injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest(s)’s visitors to observe the rules and restrictions set forth in Paragraph 7.
4. Violation of Agreement. If Guest(s) or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest(s) and the Rental Party from the Property and Guest(s) will forfeit all rent and security deposit paid.
5. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by and constructed and enforced in accordance with the laws of the State of Alabama (not including its conflicts of law’s provisions). Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
6. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Booker.
7. No Waiver. Neither Owner nor Booker or Guest(s) shall be deemed to have waived any provision of thisAgreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
8. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
9. Notices. Any notice or communication under this Agreement must be in writing and sent via one of the following options: Electronic mail or phone #813-263-8391 10. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest(s) and its permitted successors and assigns.
11. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the parties.