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.

 

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