Terms
Terms and Conditions
Last Updated: 05 February 2026
Interpretation
The words of which the initial letter is capitalized have
meanings defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in singular or in
plural.
Welcome to this Bespoke Management website. Please review the
following Terms and Conditions before accessing the website. These Terms and
Conditions include this introduction, the following terms and conditions, and
the incorporated Privacy Policy (“Terms”) and govern the use of and access to pm-bespoke.com, its subdomains, and mobile applications (collectively, “Site”)
operated by Pampered Palm Properties LLC, a Florida limited liability company
doing business as Bespoke Management (“Bespoke Management”, “we”, “us” or “our”).
Acceptance of these Terms
Through use of and access to this Site, you acknowledge and
agree to be legally bound to the following terms and conditions, as well as our
Privacy Policy, which governs your use of the Site (These Terms and Conditions
with the Privacy Policy shall be referred to as the “Terms”). Please
read these Terms carefully, as they contain important information regarding
limitations of liability and resolution of disputes through arbitration rather
than court. The term “you“ or “your” refers to the user visiting
the Site, and/or requesting a reservation on this Site. If you do not agree to
these Terms, you must not access or use this Site. You represent that you are
over the age of 18. The Company does not permit those under 18 to use the
Service.
Changes to the Terms
Bespoke Management sites are offered by Pampered Palm Properties,
LLC (“Bespoke Management”, “we” or “us”). We may revise and update these Terms from
time to time at our sole discretion. Any changes are effective when we post
them. By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Changes to Bespoke Management Sites
Bespoke Management sites are offered by Pampered Palm Properties,
LLC (“Pampered Palm”, “we” or “us”). We may revise and update these Terms from
time to time at our sole discretion. Any changes are effective when we post
them. Your continued use of a Bespoke Management site following the posting of
revised Terms means that you accept and agree to the changes.
Trademarks
The Bespoke Management name and logo and all related product and
service names, design marks and slogans are trademarks, service marks or
registered trademarks of Pampered Palm LLC and may not be used in any manner
without the prior written consent of Bespoke Management. Other products and service
marks are trademarks of their respective owners.
Failure to Comply
Bespoke Management has the right to terminate or restrict your
access to any or all Sites, unilaterally and without notice, in the event you
violate any of these Terms of Use. Bespoke Management also reserves any and all
remedies at law or equity in connection with violation of these Terms of Use.
Accommodation Reservation
An Accommodation Reservation is a limited license to enter,
occupy, and use the Accommodation. Bespoke Management retains the right to enter the
Accommodation during your stay, to the extent: (i) it is reasonably necessary,
(ii) permitted by your contract with us, and (iii) consistent with applicable
law. If you stay past checkout, we have the right to make you leave in a manner
consistent with applicable law, including by imposing reasonable overstay
penalties. You may not exceed the maximum number of allowed Guests.
Your Responsibilities
You are responsible and liable for your own acts and
omissions and are also responsible for the acts and omissions of anyone you
invite to join or provide access to any Bespoke Management property. For example,
this means: (i) you are responsible for leaving a property (and accommodating
items i.e. bicycles, golf carts, beach gear) in the condition it was in when
you arrived, (ii) you are responsible for paying all reasonable damage claim
fee amounts necessary to cover damage that you, or your guest(s), cause to a
property above the damage waiver fee (see Exhibit B), and (iii) you must
act with integrity, treat others with respect, and comply with applicable laws
at all times. If you are booking for an additional guest who is a minor or if
you bring a minor to a Host Service, you must be legally authorized to act on
behalf of the minor and you are solely responsible for the supervision of that
minor.
Information Provided by You
Any information provided by you to Bespoke Management, including
but not limited to feedback, data, questions, comments, suggestions, or the
like, shall be deemed to be non-confidential. We shall have no obligation of
any kind with respect to such information and shall be free to reproduce, use,
disclose, and distribute the information to others without limitation.
Additionally, Bespoke Management shall be free to use any ideas,
concepts, know-how or techniques contained in such information for any purpose
whatsoever, including but not limited to developing, manufacturing, and
marketing products incorporating such information.
Florida Jurisdiction
It is acknowledged that this Agreement is executed in and
shall be construed and governed exclusively by and in accordance with the laws
of the State of Florida. The state courts in Walton County, Florida, shall have
exclusive jurisdiction over any controversy between the parties arising out of
or related to this Agreement.
Disputes Resolution
If You have any concern or dispute about the Service, You
agree to first try to resolve the dispute informally by contacting the Company.
United States Legal Compliance
You represent and warrant that (i) You are not located in a
country that is subject to the United States government embargo, or that has
been designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable
or invalid, such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect.
Liability Waiver:
a) Manager and Property Owner of this Property
are not liable for loss, damage of property, injury to you or your guests
during your stay on the Property.
b) You hereby release, waive, discharge and covenant
not to sue the owners of the Property, Manager, and their respective members,
officers, directors, staff, agents, employees, and representatives for any
liability, claim, damages, suit and/or cause of action arising out of or
related to any loss, damage, injury, or sickness including death that may be
sustained by you or any of your invitees to the Property or to any property or
your invitees belonging to you arising out of use of the Property.
c) Indemnification: Guest & their party agree to
indemnify, defend, and hold harmless the owners of the Property, Manager, and
their respective members, officers, directors, staff, agents, employees, and
representatives from and against all claims, suits, damages, costs, losses and
expenses including attorney’s fees, arising from injury to any person or
property occurring on or about the Property, regardless of the fault of the
manager.
Additional Questions
Should any questions or concerns arise regarding the Terms
please contact us through one of the following:
Phone number: 850-213-3459
Email address: Reservations@pamperedpalm.com
Mailing address:
457 Serenoa RD.
Unit 6
Santa Rosa Beach, FL. 32459
A SIGNED RENTAL AGREEMENT IS REQUIRED FOR EVERY BOOKING.
ENTRY INTO A RENTAL PROPERTY WILL NOT BE GRANTED WITHOUT A SIGNED RENTAL
AGREEMENT.
RENTAL AGREEMENT
This Rental Agreement (the “Agreement”) is made by and
between Pampered Palm Properties LLC (“Manager,” “Pampered Palm,” “we” or
“our”) and the individual signing above, submitting payment, and all occupants
of the Property during the stay (“Guest,” “you” or “your”). With good intent
and valuable consideration, the totality of which is acknowledged, the parties
hereby agree as follows:
1.
Property. The property is furnished and includes
kitchen appliances, coffee pot, bath towels, bed linens, and one-time setup of
toiletries, paper towels, toilet paper and trash bags. Additional paper
products must be purchased by Guest.
2.
Rental Party: Guest must provide a list of names
and ages of the entire rental party. The rental party consists of the Guest and
all persons to accompany Guest during the stay.
3.
Maximum Occupancy: Exceeding the maximum
occupancy may result in immediate eviction and forfeiture of any rental
payments.
4.
Check-in/Check-out. Check-in begins at 4:00 PM
(CST) Check out time is 10:00 AM (CST). Late check-outs will be assessed an
additional fee equal to the greater of $100 per hour beyond 10:00 AM or the
nightly rental rate. Refunds are not given for late arrivals or early
departures.
5.
Minimum Stay: This property requires a 3 night
minimum stay. Longer minimum stays may be required during peak rental periods.
6.
Rental Rules: Guest agrees to abide by the
Rental Rules attached as Exhibit A at all times while staying at the property
and will insure all members of the rental party and anyone else Guest permits
on the property to abide by the following rules at all times while on the
property. Failure to abide by any and all rules from Exhibit A will result in
immediate removal from the property with no refund of rental payments.
Additional charges will also be assessed for violations of these rules. By
signing this agreement, you waive your right to dispute charges that are made
on your credit card pursuant to the terms of the Short Term Rental Agreement
and Exhibit A – Rental Rules.
7.
Access: Manager or its agents may access or
enter the property in case of an emergency, to make any repairs, alterations or
improvements, to supply services, to show the Property to prospective
purchasers, renters or contractors, or upon reasonable suspicion that you have
breached any of your obligations hereunder. Manager and Homeowner shall
exercise this right of access in a reasonable manner. Manager will attempt to
provide advance notice of intent to enter the Property except in the case of an
emergency, provided, that failure to provide advance notice of intent to enter
the Property shall not affect our ability to enter for the reasons set forth
above. Before entering the property, Manager will knock on the front door and
announce themselves upon entrance.
8.
Property Selection. Upon the receipt of Guest
deposit and signed Agreement, Manager will reserve the selected Property
subject to availability for maintenance, owner usage, or other issues that may
render the accommodations unsuitable for rental, and/or subject to the Property
remaining as a Bespoke Management property at the time of the stay. Guests will be
placed in the specific Property set forth in their Agreement, or otherwise
provided with a full refund or an opportunity to stay in an equivalently priced
property if available. Notwithstanding Manager efforts, if the specific
Property reserved is unavailable for any reason, guests will be limited to a
full refund or similar property at their election. In no event will Manager be
responsible for any direct or indirect costs, expenses, fees or other
consequential damages resulting from the unavailability of a specific property.
9.
Rental Rate and Fees. The following payments and
fees shall be due as stated below. Failure to pay any payment in full when due
will result in cancellation of the reservation.
a.
Reservation Deposit: A reservation deposit of at
least half the total booking charges is due at the time of booking. The deposit
applies to the total payment due. It is not a damage deposit.
b.
Rental Rate. Payment in full of the remaining
balance of the total booking charges shall be due 30 days prior to the Check-in
date.
10. Cancellation Policy: If Guest wishes to cancel the reservation, the deposit will be refunded as follows: Full payment refund if guest notifies the manager in writing at least 14 days prior to the Check-in Date (“Cancellation Period”). If you cancel a stay or a portion of a stay after the Cancellation Period, between 7 days and 14 days, you will forfeit your full prepayment. If you cancel within 7 days of your arrival date you will forfeit the full amount of your rental. For Airbnb: Reservations booked through Airbnb will follow the Airbnb standardized cancelation policy stated at the time of booking. Guest must request cancelation through Airbnb. No portion of any payment will be refunded directly from Bespoke Management to Guest. All refunds will process through Airbnb. For a full description of the Airbnb cancelation policy please refer to Airbnb support. No refunds or portion of any payment will be refunded for cancellations made after the Cancellation period for any other reason and Guest will be responsible for the full amount of the total booking charges.
11. Maintenance.
Manager will make every effort to address promptly reported maintenance
problems during your stay. Regardless of whether problems are reported, Bespoke Management will not give refunds, rate adjustments or concessions for
failures or disruptions related to electricity, water, pool systems, water
leaks, air conditioning/HVAC, utilities, security, windows, doors, locks,
telephone, television or cable services including internet or wifi,
electronics, appliances, Acts of God or other unforeseen occurrences. However,
in the event that extensive repairs are required during the term of this
agreement, defined as those which render the area to be repaired unusable for
greater than twenty-four (24) hours, Guest shall be entitled to a pro-rata rent
abatement based upon the square footage rendered uninhabitable. No abatement
shall apply to areas which are not essential to the habitability of the
property. Areas of the property deemed essential to the habitability of the
property include bedrooms, bathrooms, kitchens, and living areas. Rent
abatement shall be Guests sole remedy for extensive repairs, and Guest shall
not be entitled to any compensation for repairs which are not extensive, as
defined above.
12. Travel Insurance is available for purchase. Bespoke Management has partnered with Red Sky Travel Insurance to offer you the Sun Trip Preserver Plan. Travel Insurance may reimburse you if you need to cancel or interrupt your trip due to a covered, unforeseen event. The travel insurance is optional but strongly recommended. Click here to view full policy details and exclusions.
13. Damage
Waiver. A non-refundable damage waiver fee included as a separate line item in
your total payment covers accidental damages reported prior to checkout. Guest
will be charged for damages or losses excluded from or otherwise not covered by
the waiver addendum. If the damage waiver fee is not included as a separate
line item in the total payment, you will not be covered for accidental damages,
and you will be responsible for all damages to the property and required to pay
a refundable damage deposit.
14. Payment.
Acceptable payment methods are checks, credit and debit cards. By your
signature below, you hereby give permission to charge your credit card or
checking account for any damages or fees consistent with this Agreement, and/or
for the deposit, balance due, and any additional charges incurred during your
stay. You agree that all rental monies are nonrefundable per cancellation
policy above. You have read your rights to purchase travel insurance.
15. Construction
Activity; Nuisances. Construction activity and other nuisances which may occur
at neighboring properties are completely outside the control of Manager and, as
such, Manager shall not be liable to Guest for any damages associated with any
disturbance related to the same, nor shall Manager be obligated to re-locate
Guest on the basis of the same.
16. LIABILITY
WAIVER:
a)
Manager and Property Owner of this Property are
not liable for loss, damage of property, injury to you or your guests during
your stay on the Property.
b)
You hereby release, waive, discharge and
covenant not to sue the owners of the Property, Manager, and their respective
members, officers, directors, staff, agents, employees, and representatives for
any liability, claim, damages, suit and/or cause of action arising out of or
related to any loss, damage, injury, or sickness including death that may be
sustained by you or any of your invitees to the Property or to any property or
your invitees belonging to you arising out of use of the Property.
c)
Indemnification: Guest & their party agree
to indemnify, defend, and hold harmless the owners of the Property, Manager,
and their respective members, officers, directors, staff, agents, employees,
and representatives from and against all claims, suits, damages, costs, losses
and expenses including attorney’s fees, arising from injury to any person or
property occurring on or about the Property, regardless of the fault of the
manager.
17. Dispute
Resolution. Any and all disputes arising out of or related to this agreement
shall first be submitted to mediation, which shall occur in Walton County,
Florida. Said process shall be instituted by a written demand to the other
party, providing not less than thirty (30) days in which to respond and agree
to mediate. The failure of any party to agree to mediate within said timeframe
shall constitute a waiver of this condition precedence. The mediation shall be
scheduled within sixty (60) days of the receipt of the mediation demand by the
other party, unless otherwise agreed upon by both parties. The parties shall be
responsible for their own attorney’s fees and one-half of the mediator’s costs.
Any disputes which are not resolved through mediation shall be submitted to
binding arbitration through the American Arbitration Association (AAA). The
prevailing party in any such arbitration shall be entitled to its attorney’s
fees and costs, and reimbursement for its share of fees and costs paid to the
Arbitrator.
18. Signature.
The guest and all other occupants agree to the terms of this Rental Agreement,
as evidenced by the signature on the signature page.
Exhibit A
RENTAL RULES
1.
No Smoking. Smoking is NOT allowed inside or
outside. Guests will be charged $500.00 for any violation of this policy.
Violations may also result in immediate eviction with no return of any and all
payments.
2.
Maximum Occupancy. People other than those in
the Guest party set forth above may not stay overnight in the property. Any
other person in the property is the sole responsibility of Guest. Guests are
not allowed to exceed the occupancy limit agreed to above.
3.
Age Requirements. All Bespoke Management accommodations are family rentals. The individual signing this Agreement must
be at least 25 years old and be staying at the Property at all times. The
Property will not be rented to vacationing students or young adults under the
age of 25 unaccompanied by a responsible parent or guardian. A parent or
guardian must be staying at the Property at all times. Additionally, the ratio
of adults 25 years of age or older to those under said age shall not exceed
five (5) to (1). Proof of age is required by all guests and the Property is
subject to inspection upon your arrival and during your stay to ensure
compliance. Guests in violation of this policy will be immediately evicted and
forfeit any and all payments.
4.
Pet Policy. Pets are not allowed on the Property
at any time. If a pet is discovered, you will forfeit all funds and be
immediately evicted.
5.
Falsified Reservations. In accordance with
Florida State Chapter, reservations obtained under false pretense are null and
void and check-in will not be allowed or guests will result in immediate
eviction of all guests from the Property. This policy includes reservations
made by parents or guardians who do not check in, and/or who leave overnight
during the length of the stay.
6.
Subleasing. Properties may not be sublet.
7.
Quiet Hours. Guests should not create excessive
noise at a level that disturbs neighbors; Code-enforced neighborhood quiet
hours are from 10:00p.m. – 7:00a.m.
8.
Guest Belongings. All of the units are privately
owned; the owners are not responsible for any accidents, injuries or illness
that occurs while on the Property or its facilities. The Homeowners are not
responsible for the loss of personal belongings or valuables of the guest. By
accepting this reservation, it is agreed that all guests are expressly assuming
the risk of any harm arising from their use of the Property or others whom they
invite to use the premise including theft, vandalism, or other damages to
guests’ personal property or items left at the vacation property. If an item
has been accidentally left at the property, please contact Bespoke Management as
soon as possible and every effort will be made to mail it to your home.
Shipping costs are the responsibility of the renter.
9.
Furnishings. Keep the property and all
furnishings in good condition. You agree to pay for any and all damage caused
by you or a member of your party visiting or staying at the Property as well as
unreported accidental damage and intentional damage.
10. Bunk
Beds. Supervise children using a bunk bed, including the use of any ladder to
access the bunk bed. You are not permitted to play on the bunk bed or ladder,
to use a chair or any other object to access the bunk bed, or to attach any
foreign objects, such as towels, ropes or belts, to the bunk bed or ladder. You
should contact Manager immediately if the bunk bed or ladder are damaged or
broken. Your use of the bunk bed, including the ladder to access the bunk bed,
is entirely at your own risk.
11. Appliances.
Only use appliances for their intended purposes.
12. Swimming
Pools. Swimming pools may cause an inherent risk to renters and guests
(including children). As the renter, you accept the risk of the pool and
specifically agree that no minor children will be in the pool area without
continuous adult supervision. Renters and guests (including children) will use
the pool only in a safe manner and will undertake no acts, which might risk
injury or death in the use of the pool. The renter assumes full control and
full responsibility for the use of the in-ground swimming pool during confirmed
rental period.
13. Beach
Safety. Please be aware and follow the Beach Flag Warning System for swimmers
and surfers at all times. They are positioned at all public beach accesses with
the description posted at the entrance of the access. It is vital to the safety
of you and your family that you understand and adhere to the warning system.
The absence of flags does not assure safe waters. South Walton County does not
permit beach chairs, tents, umbrellas, etc. to be left on the beach overnight.
Any items left on the Beaches of South Walton are subject to removal.
14. HOA/Neighborhood Rules. Respect all HOA or Neighborhood Rules. Owner Associations control most properties in residential neighborhoods with very strict rules. You will be responsible for paying fines and fees for violations to HOA or Neighborhood Rules. Many prohibit the on-site parking of recreational vehicles, trailers, personal watercraft (boats, jet skis, etc.) and/or prohibit parking in or along the street. Many restrict the number of motorized vehicles per rental unit (including golf carts). Remove all such prohibited or restricted vehicles and trailers immediately upon request by Bespoke Management, security personnel or representatives of the community association.
15. Housekeeping.
There is no daily housekeeping service. While linens and bath towels are
included in the unit, daily cleaning services are not included in the rental
rate. We suggest you bring beach towels. We do not permit towels or linens to
be taken from the units.
16. Garbage.
Any garbage must be stowed in the proper garbage or recycling receptacle in its
proper location.
17. Water
and Septic. DO NOT FLUSH anything other than toilet paper. No feminine products
should be flushed at any time. If it is found that feminine products have been
flushed and clog the septic system, you could be charged damages of up to
$1,000.
18. Security
Cameras and Devices. Owners may install security cameras or other devices such
as doorbell cameras outside homes for protection against crime or other
wrongdoing. By signing this rental agreement, you acknowledge that the property
owner may have installed security cameras outside of the home.
19. Hurricanes
and Tropical Storms. No refunds due to actual or anticipated hurricanes,
tropical storms or other inclement weather will be issued by Manager under any
circumstances. For “Mandatory Evacuation” orders, refunds will only be given by
Red Sky Travel Insurance if you purchased coverage before the storm was named.
Exhibit B
DAMAGE WAIVER FEE
The Damage Waiver Fee is a
non-refundable, one-time fee per reservation that covers unintentional and
accidental damage to the Property and its contents reported by the guest prior
to Check-Out, not to exceed the amount of coverage of $2,000 ("Damage
Limit Amount"), subject to the terms of this Addendum. As an additional
requirement, guest must provide a valid credit card to keep on file in addition
to the Damage Waiver Fee. The Damage Waiver Fee is not insurance and does not
substitute for your responsibility to leave the Property in appropriate
condition or to act as a responsible renter.
You are responsible for any damages
or losses in excess of the Damage Limit Amount as well as any damages or losses
excluded per the terms herein, and you hereby accept responsibility for any
such damages or losses and authorize Bespoke Management to charge the credit card on
file to reimburse us in full for any expenses related to such damages or losses
without any further approval from you.
The Damage Waiver Fee does not cover
damages or losses during your stay related to the following:
• Intentional acts or omissions,
abuse, neglect or damage by you or any other occupant;
• Misconduct;
• Negligence (this includes any
damages or losses to the Property caused by acts or omissions that could have
been foreseen by a reasonable person);
• Any damage a guest fails to report
immediately to the Manager before checkout;
• Theft as a result of your failure
to lock or secure the Property including bicycles;
• Damages, including additional
cleaning costs, or maintenance costs caused by an animal allowed on the
Property, including unauthorized pets or service animals or emotional support
animals;
• Smoking on the Property by guest or
other occupant;
• Damage resulting from motorized
vehicles, golf carts, LSVs, watercraft or other Recreational Items operated by
you or any occupant;
• Loss or damage in excess of the
Damage Limit Amount;
• Unauthorized entry into the Owner's
supply closet;
• Extensive cleaning required at
Check-Out;
• Exceeding occupancy limits or
parking limits,
• Any breach of any of the terms of
this Agreement, including any fines imposed on Bespoke Management by the city,
county, state or homeowners or condominium association as the result of
violation of any law, ordinance, rule or regulation or any fines or costs
levied against guest or visitors of guest;
• Loss or damage to any Recreational
Item, Pool Facilities' or Pool Facilities' equipment, including heating
equipment, pool, alarms or gates;
• Loss or damage to any of your
personal property or that of any other occupant; and
• Any damages which you do not report
prior to Check-Out. UNREPORTED DAMAGES ARE ASSUMED TO BE DUE TO MISCONDUCT OR
NEGLIENCE AND THEREFORE WILL NOT BE ELIGIBLE.
The owner of the Property remains
responsible for the following and no coverage or reimbursement will be provided
for:
• damages that constitute normal wear
and tear reported to us within 48-hours of Check-In;
• damages resulting from acts of God,
including but not limited to acts resulting in fire, flood or other natural
disasters;
• damages or losses to the Property
which are unrelated to your actions or those of any other occupant; and
• theft documented by a valid police
report that occurs despite your reasonable efforts to secure the Property and
related items.
When you provide immediate notice to
us prior to Check-Out of accidental or inadvertent damage to the Property, we
will investigate the damage to determine whether the damage appears to have
been caused by accidental or inadvertent actions and to determine the nature
and extent of the damages and the necessity for and costs of the repairs or
replacements. Such determination will be made in Manager’s sole and absolute
discretion. We will notify any damages or necessity for repairs or replacements
and immediately charge the card on file as authorized above.
EXHIBIT C
RECREATIONAL ITEMS WAIVER AND DAMAGE
ADDENDUM
Release of Liability, Waiver of
Claims, Express Assumption of Risk and Indemnity Agreement. In consideration
for receiving access and/or permission to use any Recreational Item at the
Property or otherwise made available to you as an amenity in connection with
your rental of the Property, you (including minor children, any members of your
household, or anyone who makes use of any of the Recreational Items, and
together with you, each collectively and individually referred to herein as a
"User" or "Users") hereby agree to abide by the following
terms and conditions:
A. Users shall obey all federal,
state and local laws and any applicable community rules and regulations.
B. Only licensed and insured Users
over eighteen (18) years of age may operate any golf cart and each such User
must provide proof of insurance to us prior to Check-In.
C. No person using a Recreational
Item shall be under the influence of drugs or alcohol or have any impairment
which would affect his or her ability to operate a Recreational Item in a safe
manner in compliance with all federal, state and local laws and any applicable
community rules and regulations.
D. Bicycle helmets and life jackets
are recommended and available upon request from us. Any User who declines to
wear a helmet or life jacket while riding a bicycle or using a water-based
Recreational Item does so at his or her own risk. Each User understands that
wearing protective gear, such as a helmet or life jacket, does not eliminate
the risks of using a Recreational Item and may not reduce the risk of injury in
the event of an accident.
E. Users are prohibited from
carrying, pulling or towing a Recreational Item at any time. Users of bicycles
shall not add any kind of seat or modification to allow someone else to ride on
the rear fender, and no one shall ride on the handlebars at any time.
F. Any equipment failure shall be
reported to us immediately.
G. Users shall not ride, park or
store a Recreational Item outside of designated areas and shall properly secure
Recreational Items at all times. Golf carts may only be driven on streets
within a community and may never exit a gated subdivision.
H. Unless you are told by us
otherwise in writing, the Recreational Items are not equipped with the
statutorily required lighting to allow riding in the dark. A golf cart may only
be driven at night if it is equipped with proper headlights and taillights.
I. Users are responsible for any and
all damages to any Recreational Item that occurs during the stay, including
theft or vandalism of any Recreational Item and other equipment, regardless of
whether Users or someone else is at fault for such damages. The Damage Waiver
Fee does not cover any damages or losses to Recreational Items. Users hereby
jointly and severally accept responsibility for such damages or losses and
authorize us to charge the credit card on file to reimburse Bespoke Management in
full for any expenses related to such damages or losses to Recreational Items
without any further approval from you. Expenses may include paying the
reasonable (i) costs of repair and diminution in value, if any, or the full
replacement value of such Recreational Item and other equipment; and (ii)
reasonable administrative, shipping, storage and other related fees. The
decision as to whether to repair or replace a damaged Recreational Item is in
our sole discretion. Delay in recovery of damages, including any dispute of any
charges or damages, may result in additional charges due to increased
down-time, storage or other fees.
J. The Users agree to return the
Recreational Items and equipment in the same condition as received, except for
ordinary wear and tear, at Check-Out.
RELEASE AND INDEMNIFICATION. The
Users acknowledge the inherent risks involved in using the Recreational Items
and further agree that the use of the Recreational Items SHALL BE AT THEIR OWN
RISK. The Users understand that the use of a Recreational Item has known and
unknown risks, which could result in physical or emotional injury, paralysis,
death or damage or injury to the undersigned, to property or to other persons,
and that we cannot eliminate these risks. The Users knowingly, intelligently
and voluntarily assume all risks, including but not limited to any injury or
damage that may result including but not limited to colliding with one or more
bicycles, motor vehicles, water vessels or objects of any kind, falling off the
Recreational Item, sudden flat tires or holes in the Recreational Items,
potholes or water obstructions, failing brakes and weather related risks.
Having acknowledged these risks and other unforeseen risks, Users desire to use
the Recreational Items despite these risks and agree to assume the risk of
injury or damage resulting from the use of a Recreational Item and agree to
release and indemnify the Bespoke Management Parties as set forth in the paragraphs
below.
a. The Users hereby release, waive,
discharge and covenant not to sue or bring any claim against, and agree to
indemnify and hold harmless, the Bespoke Management Parties for any liability, claim
and/or cause of action arising out of or related to any loss, damage or injury,
including death, that may be sustained by the Users or the members of their
household related to, arising out of or incident to the use of a Recreational
Item or other equipment, including the possession, use, operation or return of
a Recreational Item or other equipment, whether or not caused by any Bespoke Management Parties' negligent act or omission.
b. The Users have adequate insurance
to cover any injury or damage that he or she may cause or suffer while using
the Recreational Items or sufficient assets to self-insure the costs of any
such injury or damage. Any insurance coverage maintained by the Users, whether
liability, casualty, personal or health, shall be the primary coverage in the
event of any loss, injury, death or damage to persons or property while using
the Recreational Items.
c. The Users understand that we are
not the manufacturer or supplier of the Recreational Items, and all
Recreational Items and other equipment are provided "AS-IS" without
any warranty, either express or implied, including any warranty of merchantability
or fitness for a particular purpose.
Exhibit D
POOL FACILITIES ADDENDUM
1. Release of Liability, Waiver of
Claims, Express Assumption of Risk and Indemnity Agreement. In consideration
for receiving access and/or permission to use any swimming pool, sauna, spa or
hot tub (collectively referred to herein as "Pool Facilities") at the
Property or otherwise made available to you as an amenity in connection with
your rental of the Property, you hereby agree to abide by the following terms
and conditions:
a. YOU AND EACH OTHER OCCUPANT USE THE POOL FACILITIES AT YOUR OWN RISK. No Bespoke Management Party assumes any responsibility in the event of damage or bodily harm to you or any other occupant.
b. You agree to be responsible for
the day to day general safety conditions of the Pool Facilities, including
keeping the Pool Facilities clean of debris and trash, securing and keeping all
gates and doors leading to the Pool Facilities or the Pool Facilities' area
locked, and operating the Pool Facilities in a safe, responsible manner. Per
Florida Law, any home with a private pool is required to install pool alarms on
all points of entry including windows and doors, and Bespoke Management is
prohibited from disabling these alarms. These alarms are activated upon opening
of the door or window and can be turned off at the alarm box nearby to
deactivate the sound temporarily (est. 10 seconds). Neither you nor any other
occupant should disable, disarm or otherwise remove or compromise any Pool
Facility safety feature, including any barrier or exit alarm. All doors leading
to the Pool Facilities or Pool Facilities' area should be kept locked at all
times. You should notify us immediately if any Pool Facilities' safety feature
is not working properly during your stay.
c. Only you and other occupants are
permitted in the Pool Facilities or Pool Facilities' area. All policies
applying to the Property include the Pool Facilities and Pool Facilities' area,
as well.
d. The maximum number of people in
the Pool Facilities or Pool Facilities' area should not exceed the maximum
sleeping capacity of the Property at any time.
e. Children under the age of ten (10)
regardless of swimming ability should be supervised at all times by an adult
when in or near the Pool Facilities or Pool Facilities' area.
f. No diving is allowed. Always enter
the Pool Facilities feet first.
g. No glass containers are permitted
in the Pool Facilities or Pool Facilities' area. Impaired individuals should
not enter the Pool Facilities or Pool Facilities' area.
h. No riding equipment of any kind,
including bicycles, skateboards, skates, roller blades or scooters, is
permitted in the Pool Facilities or Pool Facilities' area.
i. Only single-person flotation
devices are permitted in the Pool Facilities except for devices use to aid
individuals with handicap.
j. Rough-housing is not permitted in
the Pool Facilities or Pool Facilities' area. Running, pushing and dunking are
prohibited.
k. No pets are permitted in the Pool
Facilities or Pool Facilities area.
l. Entry gates should be kept closed.
m. Acceptable swimming apparel must
be worn in the Pool Facilities or Pool Facilities' area. All children not
toilet trained must use swim diapers.
n. Pool Facilities hours are from 7
:00 a.m. until 10:00 p.m.
o. If the Property has a pool heater,
the pool temperature will be set to 85 degrees by us upon the payment of
additional fees during your stay. Do not tamper with any Pool Facilities'
equipment, including the heating equipment. The pool heaters may be ineffective
once outdoor temperatures drop below 50 degrees. Most spas are incorporated
into the pool and do not heat separately. Pool heating must be requested and
paid for at least one (1) week prior to arrival.
p. You are responsible for any and
all damages to the Pool Facilities or Pool Facilities equipment (including
heating equipment, pool alarms and gates) that occurs during the stay,
regardless of whether you or someone else is at fault for such damages. This
includes expenses for cleaning of the Pool Facilities if they are not kept
clean and clear of debris and any foreign substance, including alcoholic
beverages, food, bodily fluids, and excess sand. The Damage Waiver Fee does not
cover any damages or losses to Pool Facilities or Pool Facilities equipment.
You hereby jointly and severally with the other occupants accept responsibility
for such damages or losses and authorize us to charge the credit card on file
to reimburse Bespoke Management in full for any expenses related to such damages or
losses to the Pool Facilities or Pool Facilities equipment without any further
approval from you.
2. Release and Indemnification. You
acknowledge the inherent risks involved in using the Pool Facilities and
further agree that the use of the Pool Facilities SHALL BE AT YOUR OWN RISK.
You understand that the use of Pool Facilities has known and unknown risks,
which could result in physical or emotional injury, paralysis, death or damage
or injury to the undersigned, to property or to other persons, and that we
cannot eliminate these risks. You knowingly, intelligently and voluntarily
assume all risks, including but not limited to any injury or damage that may
result including but not limited to drowning, paralysis and head injury, and
weather-related risks. Having acknowledged these risks and other unforeseen
risks, you desire to use the Pool Facilities despite these risks and agree to
assume the risk of injury or damage resulting from the use of the Pool
Facilities and agree to release and indemnify the Bespoke Management Parties as set
forth in the paragraphs below.
a. You hereby release, waive,
discharge and covenant not to sue or bring any claim against, and agree to
indemnify and hold harmless, the Bespoke Management Parties for any liability, claim
and/or cause of action arising out of or related to any loss, damage or injury,
including death, that may be sustained by you or the members of your household
related to, arising out of or incident to the use of the Pool Facilities or
Pool Facilities’ equipment, whether or not caused by any Bespoke Management Parties’
negligent act or omission.
b. You have adequate insurance to
cover any injury or damage that you or the members of your household may cause
or suffer while using the Pool Facilities or sufficient assets to self-insure
the costs of any such injury or damage. Your insurance coverage, whether
liability, casualty, personal or health, shall be the primary coverage in the
event of any loss, injury, death or damage to persons or property while using
the Pool Facilities.
Bespoke Management